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The Tonnage Tax (Exception of Financial Year 2018) Order 2018

S.I. 2018/421 · Made 26 March 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Corporation Tax

Tonnage Tax

Made 26th March 2018

The Treasury are satisfied that the percentage of the tonnage tax fleet which is Community-flagged has not decreased on average over the three year period prescribed in regulation 2 of the Tonnage Tax (Prescribed and Specified Matters) Regulations 2018f1.

The Treasury, in exercise of the powers conferred by paragraphs 22B(2) and 22C(1) of Schedule 22 to the Finance Act 2000f2, make the following Order:

Annotations to the whole text

Footnotes

f1

S.I 2018/238; Regulation 2 of those Regulations prescribes the three year period and regulation 3 specifies the meaning of “the percentage of the tonnage tax fleet which is Community-flagged” for the purposes of paragraph 22C(1)(a) of Schedule 22 to the Finance Act 2000 (c. 17).

f2

2000 c. 17. Paragraphs 22A to 22C were inserted by paragraph 8 of Schedule 7 to the Finance Act 2005 (c. 7).

Contents

  1. 1Citation and commencement
  2. 2Exception of financial year 2018
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Tonnage Tax (Exception of Financial Year 2018) Order 2018.

2Exception of financial year 2018

The financial year 2018f1 is designated as a financial year in relation to which paragraph 22A of Schedule 22 to the Finance Act 2000 is not to have effect.

Signature

Paul Maynard

Andrew Stephenson

Two of the Lords Commissioners of Her Majesty’s Treasury

26th March 2018

Explanatory note

(This note is not part of the Order)

This Order disapplies paragraph 22A of Schedule 22 to the Finance Act 2000 (c. 17) for the financial year 2018.

Paragraph 8 of Schedule 7 to the Finance Act 2005 (c. 7) introduced, in order to comply with (then) European Community guidelines on State aid to maritime transport, a general requirement that ships entering the tonnage tax regime after 30 June 2005 should be Community-flagged (registered in the European Union (EU) or European Economic Area (EEA)). Paragraphs 22B(2) and 22C of Schedule 22 to the Finance Act 2000 give the Treasury power to disapply that rule on a year-by-year basis, provided that they are satisfied that the percentage of the tonnage tax fleet which is Community-flagged has not decreased. The Tonnage Tax (Prescribed and Specified Matters) Regulations 2018 (S.I 2018/238) prescribe the three year period (in regulation 2) and specify the meaning of the percentage of the tonnage tax fleet which is Community-flagged (in regulation 3).

A Tax Information and Impact Note has not been produced for this instrument as it contains no substantive changes to tax policy.