Updated decree on profit from maritime shipping and shipping partnerships

Key updates:

1. No requirement for a sea letter: It has been clarified that the tonnage regime does not require the issuance of a sea letter, providing certainty for companies operating under this regime.
2. Definition of 'sea' for the tonnage regime: The law defines ‘sea’ as all waters beyond the low-water line. This definition applies even if, in exceptional cases, the United Nations convention on the law of the sea designates waters beyond the low-water line as internal waters.
3. International transport on limited sea routes: An international transport route that only partially crosses the sea, such as between neighboring countries, is considered international maritime transport for the entire route.
4. Application to offshore wind farms: The tonnage regime is now explicitly applicable to the transportation of people and goods for offshore wind farms, aligning with the growing offshore wind energy sector.
5. Clarification on profit splitting: The profit splitting based on asset-split and crew-split has been clarified to also apply to vessels used for seabed exploration.
6. Clarifications regarding fiscal unity:
   • For the inclusion of a new subsidiary in a fiscal unity from its incorporation date, a separate tonnage regime ruling is no longer required.
   • When a subsidiary exits the fiscal unity, no separate ruling is needed for the continued application of the tonnage regime.

Effective date

This Decree takes effect on November 16, 2024, with the previous Decree being withdrawn on the same date.

We recommend that stakeholders in the maritime sector carefully review these changes. Our team of Maritime & Offshore specialists can help determine if and how these updates may impact your operations and compliance requirements.

For any questions or further advice, please do not hesitate to contact us.