INHALT

Commission Decision (EU) 2019/1116 of 19 December 2017 on State aid SA.33829 (2012/C) Maltese tonnage tax scheme and other State measures in favour of shipping companies and their shareholders (notified under document C(2017) 8734) (Text with EEA relevance.)

COMMISSION DECISION (EU) 2019/1116
of 19 December 2017
on State aid SA.33829 (2012/C) Maltese tonnage tax scheme and other State measures in favour of shipping companies and their shareholders
(notified under document C(2017) 8734)
(Only the English text is authentic)
(Text with EEA relevance)
1.
PROCEDURE
2.
DESCRIPTION OF THE MEASURES
2.1.
The tonnage tax scheme
2.1.1.
General principles — Eligible vessels, income and activities
2.1.2.
Specific types of income and activities eligible to tonnage tax
2.1.2.1. Bareboat chartering out
2.1.2.2. Time/voyage chartering
2.1.2.3. Ancillary revenues
2.1.3.
The level of the tonnage tax
2.1.4.
The flag link requirement
2.1.5.
Ring-fencing measures
2.1.6.
Exemption from taxation of capital gains arising from the sale or transfer of ships
2.1.7.
Exemption from taxation of dividends in relation to shares in shipping companies
2.1.8.
Exemption from taxation of capital gains in relation to shares in shipping companies
2.1.9.
Exemption from taxation of interest or other income payable in relation to financing of shipping companies or tonnage tax ships
2.1.10.
Exemption from duty on documents and transfers
3.
GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE
4.
OBSERVATIONS AND COMMITMENTS BY MALTA
4.1.
Introduction
4.2.
The tonnage tax scheme
4.2.1.
Vessels eligible for tonnage taxation
4.2.1.1. General observations
4.2.1.2. Application of tonnage tax to barges
4.2.1.3. Application of tonnage tax to cruise vessels
4.2.1.4. Application of tonnage tax to commercial yachts
4.2.1.5. Application of tonnage tax to towage and dredging vessels
4.2.1.6. Application of tonnage tax to service vessels
4.2.2.
Income eligible for tonnage taxation
4.2.2.1. Eligibility of ancillary services provided in the context of maritime transport
4.2.2.2. Application of tonnage tax to entities chartering out eligible vessels on a bareboat basis
4.2.2.3. Application of tonnage tax to transport services provided with ships rented from other companies with crew (time/voyage chartering)
4.2.3.
Application of the flag link rule
4.2.4.
Tonnage tax rates
4.2.5.
Ring-fencing measures
4.3.
Tax treatment of dividends in relation to shares in shipping companies
4.4.
Exemption from taxation of capital gains from the sale or transfer of ships
4.5.
Exemption from taxation of capital gains in relation to shares in shipping companies
4.6.
Exemption from taxation of interest of other income in relation to financing of shipping companies or tonnage tax ships
4.7.
Absence of duty as regards transactions with ships
4.8.
Exemption from duty on documents and transfers
4.9.
Entry into force of the commitments
4.10.
Legitimate expectations, legal certainty, existing aid status
5.
COMMENTS FROM THIRD PARTIES
5.1.
Vessels eligible for tonnage taxation
5.2.
Application of tonnage tax to barges
5.3.
Application of tonnage tax to cruise vessels
5.4.
Application of tonnage tax to commercial yachts
5.5.
Application of tonnage tax to service vessels
5.6.
Income eligible for tonnage taxation
5.6.1.
Taxation of capital gains from the sale of tonnage tax ships
5.6.2.
Application of tonnage tax to ancillary services provided in the context maritime transport
5.6.3.
Application of tonnage tax to entities chartering out eligible vessels on a bareboat basis
5.6.4.
Application of tonnage tax to leasing of ships with crew (time/voyage chartering)
5.7.
Flag-link rule
5.8.
Ring-fencing rules
5.9.
Exemption from taxation of profits from financing shipping companies
6.
COMMENTS FROM MALTA ON THIRD PARTY COMMENTS
7.
ASSESSMENT OF THE AID
7.1.
Existence of aid
7.1.1.
The tonnage tax scheme
7.1.2.
Exemption from payment of fees at ministerial discretion
7.1.3.
Exemption from tax on capital gains from the sale of ships
7.1.4.
Exemption from taxation of dividends in relation to shares in shipping companies
7.1.5.
The exemption from taxation of interest or other income payable in relation to financing of shipping or tonnage tax ships
7.1.6.
Exemption from taxation of capital gains relating to shares in shipping companies
7.1.7.
Exemption from the duty on documents and transfers
7.2.
Compatibility of the aid
7.2.1.
The tonnage tax scheme
7.2.1.1. Vessels eligible for tonnage tax
7.2.1.2. Income of tonnage tax ships subject to tonnage tax
7.2.1.3. The level of tonnage tax
7.2.1.4. The flag link requirement
7.2.1.5. Time/voyage chartering
7.2.1.6. Ring-fencing measures
7.2.1.7. The exemption from taxation of capital gains arising from the sale or transfer of tonnage tax ships
7.2.1.8. Conclusion
7.2.2.
Exemption from taxation of capital gains in relation to shares in shipping companies
7.2.3.
The exemption from taxation of interest or other income in relation to financing of shipping companies or tonnage tax ships
7.2.4.
The exemption from certain duties on documents and transfers
7.2.5.
Exemption from payment of fees at ministerial discretion
7.2.6.
Aid ceiling
7.3.
Recovery
7.3.1.
New/existing aid classification, legitimate expectations and legal certainty
7.3.2.
The tonnage tax scheme
7.3.2.1. Eligible types of vessel
7.3.2.2. Income subject to tonnage tax
7.3.2.3. Flag link
7.3.2.4. The exemption from taxation of capital gains arising from the sale or transfer of tonnage tax ships
7.3.2.5. Conclusion
7.3.3.
Interest or other income payable in relation to financing of shipping companies and tonnage tax ships
7.3.4.
Exemption from the duty on documents and transfers and from taxation of capital gains relating to shares in shipping companies
7.3.5.
Exemption from payment of fees at ministerial discretion
7.4.
Commitments
7.5.
Language
8.
CONCLUSION
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
ANNEX
COMMITMENTS PROVIDED BY MALTA