TTM20009 - Schedule 7 Finance Act 2005

Flagging: meaning of terms used in paragraph 22A

22B (1) In paragraph 22A “the reference date” means 17th January 2004 or, if later,-

(a) in the case of a single company, the date of the end of the accounting period in which the company became (or becomes) a tonnage tax company;

(b) in the case of a member of a group, the date of the end of the accounting period in which the group became (or becomes) a tonnage tax group;
but where the members of a group had (or have) different accounting periods at the time the group became (or becomes) a tonnage tax group, paragraph (b) has effect by reference to the first of those accounting periods.

(2) For the purposes of sub-paragraph (2) of paragraph 22A a financial year is excepted if it is designated by an order made by the Treasury as a financial year in relation to which that paragraph is not to have effect (see further paragraph 22C(1) to (3)).

(3) For the purposes of paragraph 22A the percentage of a company’s total tonnage which is Community-flagged is-

where-

CFT is the aggregate tonnage of such of the relevant ships as are registered in one of the Member States’ registers, and

TT is the aggregate tonnage of all the relevant ships.
(4) For the purposes of sub-paragraph (3) the ships which are the relevant ships are-

(a) if the company is a single company, the ships operated by the company, or

(b) if the company is a member of a tonnage tax group, the ships operated by each member of the group which is a qualifying company.
(5) Sub-paragraphs (3) and (4) are subject to any regulations made under paragraph 22C(4).

(6) A ship shall not be counted more than once in determining for the purposes of sub- paragraph (3) the aggregate tonnage of relevant ships.

(7) In this Schedule “Member States’ registers” has the meaning given by the Annex to Commission communication C(2004) 43 - Community guidelines on State aid to maritime transport (as from time to time amended or replaced).