TTM03905 - Qualifying companies and ships: Flagging - excepted years

FA00/SCH22/PARA22B (2) and FA00/SCH22/PARA22C

These EU/EEA ‘flagging’ rules were repealed by FA22/S25 (6) and (7) with effect from 1 April 2022

The test for whether or not the overall proportion of ships in tonnage tax registered in member states has increased or not is based upon the average over a rolling three year period. HMRC calculate the proportion based upon the gross registered tonnage of ships in tonnage tax at 1 October, based upon returns made to the Department for Transport.

If the proportion has not decreased on average over a three year period, then the Treasury may make an order so that a Financial Year is an ‘excepted’ year.

Where an order is made, the detailed legislation at FA00/Sch22/Para22A does not apply and when an individual company or group starts to operate a new vessel then where that ship is registered does not affect whether or not it is a qualifying vessel for tonnage tax purposes.

The financial years 2005, 2006, 2007, 2018 and 2019 are excepted years.

For guidance on relevant registers see TTM03945.

References

FA00/SCH22/PARA22B	TTM17131
FA00/SCH22/PARA22C	TTM17136