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2. Background. Since the 1980's, the shipping industry in Europe isunder acute threat by :* Over-regulation, as this industry is poorly known. Overreactions by government decision-makers to accidents and the pressure of an ill-informed public opinion contribute in no small way to this
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1. A.C.C. Antwerpen- 25 november 2010 The Belgian Shipping Policy Peter Verstuyft
Managing Director
Royal Belgian Shipowners Association
http:// www.brv.be
Tel: +32/3 232.72.32
E-mail: info@brv.be
2. 2 Background Since the 1980s, the shipping industry in Europe is
under acute threat by :
* Over-regulation, as this industry is poorly known. Overreactions by government decision-makers to accidents and the pressure of an ill-informed public opinion contribute in no small way to this state of affairs.
* The implications of European regulations on wages and social security.
* A prohibitive tax-environment
3. 3 Result : Flagging out
4. 4
5. 5 Strategic conclusions for Europe European shipowners control about 41% of the world fleet. If the EU succeeds in bringing back all those vessels under European flags, Europe would become the worlds number one maritime block.
Enabling the EU to largely determine international maritime policy.
Preserving employment on board / on shore
Preserving know-how and development of maritime skills
Enhancing safety
6. 6 Orientations on State Aid 1997 De notie criterion of measurable benefit past in het kader van het rapport van de Europses Commissie van het jaar 1997: State Aid Guidelines for shipping. Dit rapport van de Europsese Commissie bouwt verder op de filosofie achter het Nederlandse zeevaartbeleid ontwikkeld door Policy Research.
De notie criterion of measurable benefit past in het kader van het rapport van de Europses Commissie van het jaar 1997: State Aid Guidelines for shipping. Dit rapport van de Europsese Commissie bouwt verder op de filosofie achter het Nederlandse zeevaartbeleid ontwikkeld door Policy Research.
7. 7 Maximum State Aids allowed in Europe :
Zero-rated social charges (i.e. exemption) for employers and employees
Zero-rated withholding tax on occupational income (i.e. exemption)
8. 8 Maximum admissible State Aid in the EU:
Zero-rated (i.e. exemption from) corporate tax
EU State Aid Guidelines 1997
9. 9
10. 10 The importance of a suitable shipping policy for government Preserving and attracting economic activity and employment
Ensuring shipping safety by dealing with substandard shipping
Keeping control and developing a positive image for Belgium
Strategic & technological importance
Shipping as a springboard for shipping-related industries
11. 11 Importance of a suitable shipping policy to shipowners A bona fide national register is commercially quantifiable
Constant input of highly qualified personnel
Preserving maritime know-how
Avoiding non transparant tax structures
12. Strategic achievements 12
13. 13 Corporate tax: a two-sided approach The corporate tax for ocean-going shipping is subject to a two-sided approach:
- Tonnage tax (lump-sum profit determination based on tonnage)
- Conventional tax, i.e.
Accelerated depreciation
Exemption from tax on capital gains conditional upon reinvestment
Investment deduction amounting to 30% of the purchase price
14. Strategic achievements
15. Strategic achievements Purpose: avoiding brass plate companies
Law: Art 115§2.2°: that is managed to a considerable extent in Belgium
Elucidation of the Law: management as in art 115§2.2° refers to the main responsibility for the activities, among others, non-exhaustively listed below:
making agreements relating to the ship
taking care of the ships supplies
taking care of the ships maintenance
entering into insurance contracts
doing the bookkeeping
meeting administrative formalities
appointing Masters
considerable extent refers tot the fact that the taxpayer carries out most activities or that he has them carried out
The RBSA has developed a self assesment matrix around 3 aspects of management (strategic & commercial, technical and crewing) with 36 items
For belgian registered & flagged vessels: majority of 2 of the 3 aspects + majority of the 36 items
For non-Belgian registered vessels: majority of all 3 aspects + majority of the 36 items
Caveat: matrix serves as a guide only and the final decision lies with the IRS. When in doubt the Owner can always apply for a ruling.
16. Strategic achievements
17. Did it work ? 2009 ranking UNCTAD 17
18. 18
19. Evolution of the student population at the Maritime Academy 19
20. Total Economic ImpactShipping cluster: development of total added value 2001-2007
21. The New Belgian Shipping PolicyDevelopment of the merchant fleet controlled from Belgium
22. Royal Belgian Shipowners Association 22
23. 23 Impact of Belgiums new shipping policy Maintenance of decision-making power in Belgium
The new policy has generated a new drive
The risk of key players leaving Belgium has been reduced to a minimum for the next few years (almost comprehensive re-flagging as well as new players)
A fleet under the Belgian flag
The tonnage tax has brought security and significant re-flagging / flagging-in
The flag has become competitive within Europe (with Denmark, Germany, the Netherlands and the UK)
Training has received a new impetus (with the largest body of students in 25 years at the maritime academy); enrolment has grown by 50% since 2001
Economic impact
Employment (total/preservation in Belgium)
Added value doubled in 5 years time
24. 24 Belgium is not Europes Liberia Aim:
Structural growth of the Belgian merchant marine
Developing new shipping activities
Rationale:
Creating (direct & indirect) added value as well as (direct & indirect) jobs