registry system to which most of them subscribe. This has enabled them to elevate
their positions and be competitive. This trend has arguably created distortion in
world ship ownerships the remedy for which may lie in attempting to create a
uniform taxation regime for the world shipping industry. It may be difficult to
determine the optimum level at which such a regime should operate given the
differences in levels of economic development of different states.
Even so, in view of the economic successes of both traditional and new shipping
countries through adoption of the tonnage tax system, it is recommended that
universality in taxation of the shipping industry be sought through the tonnage tax
methodology of taxation in the shipping world. The contemporary experience with
countries like the UK shows that there is now a fair degree of competition between
the open and non-open flag states in terms of attracting ships to their registries which
is no doubt a healthy sign for the growth of international shipping as a whole and
without causing detriment to the fiscal and taxation law and policies of states in
competition with offshore jurisdictions. The EU Guidelines on maritime state aid
and the UK legislation on tonnage tax through which these Guidelines are effectuated may well serve as models for other aspiring shipping states to follow without
unduly sacrificing their fiscal and taxation interests.
References
Books, Articles, Judicial Opinion
Alexander L (1999) Independent inquiry into a tonnage tax. H.M. Treasury, London
Brownrigg M, Dawe G, Mann M, Weston P (2005) Developments in UK shipping: the tonnage tax.
Marit Policy Manage 213, 219, 220
Burns L (2005) Rethinking the design of Australia’s CFC rules in the global economy. Bulletin
14–19
Chuah J (2005) State Aid for Maritime Transport (Case C- 400/99) Italy v. Commission. J Int Marit
Law 11(3):235–239
Drewry Shipping Consultants, Global Container Markets, July 1996
Eivind Furuseth, University of Oslo, Norway- Corporate Taxation- Country Surveys
Farthing B, Brownrigg M (1997) Farthing on international shipping, 3rd edn. LLP, London
Fayle EC (1933) A short history of the world’s shipping industry. George, Allen & Unwin, London
Helminen M (2011) EU tax law. IBFD, Turku
IMCO Maritime Safety Committee, Constitution of Advisory Opinion, available at http://www.
answers.com/topic/imco-maritime-safety-committee-constitution-of-advis ory-opinion
Lang John Temple (2012) The Gibraltar state aid and taxation judgment -‘methodological revolution’? Eur State Aid Law Q 4:810
Lang M (2009) Recent case law of the ECJ in direct taxation: trends, tensions and contradictions.
EC Tax Rev 3:98–113
Leggate H, McConville J (2005) Tonnage tax: is it working? Marit Policy Manage 180–182
Luca R (2009) The definition of Subsidy and State Aid, WTO and EU law in comparative
perspective. Oxford University Press Inc, New York
738
Y. Yin
their positions and be competitive. This trend has arguably created distortion in
world ship ownerships the remedy for which may lie in attempting to create a
uniform taxation regime for the world shipping industry. It may be difficult to
determine the optimum level at which such a regime should operate given the
differences in levels of economic development of different states.
Even so, in view of the economic successes of both traditional and new shipping
countries through adoption of the tonnage tax system, it is recommended that
universality in taxation of the shipping industry be sought through the tonnage tax
methodology of taxation in the shipping world. The contemporary experience with
countries like the UK shows that there is now a fair degree of competition between
the open and non-open flag states in terms of attracting ships to their registries which
is no doubt a healthy sign for the growth of international shipping as a whole and
without causing detriment to the fiscal and taxation law and policies of states in
competition with offshore jurisdictions. The EU Guidelines on maritime state aid
and the UK legislation on tonnage tax through which these Guidelines are effectuated may well serve as models for other aspiring shipping states to follow without
unduly sacrificing their fiscal and taxation interests.
References
Books, Articles, Judicial Opinion
Alexander L (1999) Independent inquiry into a tonnage tax. H.M. Treasury, London
Brownrigg M, Dawe G, Mann M, Weston P (2005) Developments in UK shipping: the tonnage tax.
Marit Policy Manage 213, 219, 220
Burns L (2005) Rethinking the design of Australia’s CFC rules in the global economy. Bulletin
14–19
Chuah J (2005) State Aid for Maritime Transport (Case C- 400/99) Italy v. Commission. J Int Marit
Law 11(3):235–239
Drewry Shipping Consultants, Global Container Markets, July 1996
Eivind Furuseth, University of Oslo, Norway- Corporate Taxation- Country Surveys
Farthing B, Brownrigg M (1997) Farthing on international shipping, 3rd edn. LLP, London
Fayle EC (1933) A short history of the world’s shipping industry. George, Allen & Unwin, London
Helminen M (2011) EU tax law. IBFD, Turku
IMCO Maritime Safety Committee, Constitution of Advisory Opinion, available at http://www.
answers.com/topic/imco-maritime-safety-committee-constitution-of-advis ory-opinion
Lang John Temple (2012) The Gibraltar state aid and taxation judgment -‘methodological revolution’? Eur State Aid Law Q 4:810
Lang M (2009) Recent case law of the ECJ in direct taxation: trends, tensions and contradictions.
EC Tax Rev 3:98–113
Leggate H, McConville J (2005) Tonnage tax: is it working? Marit Policy Manage 180–182
Luca R (2009) The definition of Subsidy and State Aid, WTO and EU law in comparative
perspective. Oxford University Press Inc, New York
738
Y. Yin
