ARTICLE
1 December 2016

Tonnage Tax For 2016: Countries Whose Ships Are Subject To Surcharge

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Elias Neocleous & Co LLC
Contributor
Elias Neocleous & Co LLC,  a young firm with a distinguished ancestry built on integrity, commitment and quality which we are not only continuing but expanding. Harnessing the power of technology we aim to deliver bespoke,  innovative legal solutions at ‘ cheetah fast ‘ speed. We look forward to working with all clients who share our passion for excellence driven by the highest standards of ethical legal services.
The Merchant Shipping (Fees and Taxing Provisions) Law of 20101 imposes a surcharge on the tonnage tax payable regarding qualifying vessels registered in countries which appear on the 'grey list' or 'black list' of the Paris MOU.
Cyprus Wealth Management
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In order to promote its objective of improving the quality of Cyprus shipping, the Merchant Shipping (Fees and Taxing Provisions) Law of 20101 imposes a surcharge on the tonnage tax payable regarding qualifying vessels registered in countries which appear on the 'grey list' or 'black list' of the Paris Memorandum of Understanding (MOU). Article 17(2) provides for a surcharge payable by owners of 30% for ships registered in countries appearing on the grey list and 60% for ships registered in countries appearing on the black list. Articles 27(2) and 40(2) provide that the corresponding surcharges are payable by charterers and managers, respectively.

On the basis of the annual report of the Paris MOU for 2015, the Department of Merchant Shipping has determined that the flags listed below are included in the relevant grey or black list for the purposes of calculating tonnage tax for 2016.

Article 34(4) provides that ships under management flying a flag on the black list of the Paris MOU will be deemed to comply with international and EU standards and consequently qualify for the tonnage tax system only if the technical and crew management of every such ship is performed entirely from the territory of an EU member state. In the event of a breach of this requirement, Section 54 empowers the Department of Merchant Shipping to impose penalties, including administrative fines and exclusion from the tonnage tax system.

Endnotes

1 Law 44(I)/2010.

Originally published in ILO November 30 2016

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
1 December 2016

Tonnage Tax For 2016: Countries Whose Ships Are Subject To Surcharge

Cyprus Wealth Management
Contributor
Elias Neocleous & Co LLC,  a young firm with a distinguished ancestry built on integrity, commitment and quality which we are not only continuing but expanding. Harnessing the power of technology we aim to deliver bespoke,  innovative legal solutions at ‘ cheetah fast ‘ speed. We look forward to working with all clients who share our passion for excellence driven by the highest standards of ethical legal services.
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