Commission Decision (EU) 2019/1116 of 19 December 2017 on State aid SA.33829 (201... (32019D1116)
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
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