Commentary

D7.1002 Tonnage tax election

Corporate tax
Corporate tax | Commentary

D7.1002 Tonnage tax election

Corporate tax | Commentary

Entry into the regime

D7.1002 Tonnage tax election

To enter into the regime a tonnage tax election must be made by a qualifying single company or a qualifying group. A group election will apply to all qualifying companies within the group1.

An election must be made by notice to HMRC and be supported by such information as HMRC may require2. A single company election must be made by that single company. A group election must be made jointly by all the qualifying companies in the group3. For the definition of 'group' for the purposes of the tonnage tax rules, see D7.1026.

When the rules were first introduced, an election could be made by existing qualifying companies or groups within the period of 12 months starting from 28 July 2000 (the 'initial period'). Existing qualifying companies or groups were given a further opportunity to elect during the period from 1 July 2005 to 31 December 2006 (the 'further period')4. Where a group becomes a qualifying group by virtue of a member of the group becoming a qualifying company, not previously having been a qualifying company at any time after 28 July 2000, an election can be made within 12 months of the day on which the group became a qualifying group. This does not apply if the group was previously a qualifying group, or was 'substantially the same' as a group that was previously a qualifying group, at any time after 28 July 2000. Therefore it appears that, in order for

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