As explained, when the Shipping Company will be part of a financial structure in Luxembourg, you can profit of tax exemption over the profit in the structure.
Shipping companies are not subject to municipal business tax. Taxable income is based on the annual financial
statements prepared in accordance with generally accepted accounting principles, as adjusted for Luxembourg tax purposes. All expenses incurred by the company for the purposes of its business are deductible, unless the expenses relate to exempt income. Typical non-deductible items of expenditure include taxes, fees paid to directors or other persons for supervisory services, certain gifts and fines. Losses can be carried forward without limitation.
The useful life of a vessel cannot be less than 12 years; Luxembourg income tax law provides for two types of depreciation:
Accelerated depreciation: the depreciation could be accelerated to three times the linear depreciation rate without exceeding 30%. Therefore, for a ship with a useful life of 12 years, the initial depreciation could be increased to 25%.
Roll over of capital gains on the sale of vessels booked in the Shipping Company
Capital gains realized on the disposal of a vessel will be subject to tax at standard rate (i.e. 22.88%). However, Luxembourg tax law allows for a Luxembourg shipping company to neutralize a capital gain realized on ship operated in international traffic by transferring it to the assets acquired with the proceeds of the sale.
The neutralization of the gain is subject to the condition that the company has held the vessel for at least five years before selling her. The gain will reduce the tax value of the newly acquired assets. As a result the capital gain will be increased by the present gain rolled over. In addition, tax depreciation of the annual asset will be reduced. For sale proceeds not reinvested immediately, the gain may be kept on the books and taxation deferred for two years at the level of the Luxembourg shipping company. Reinvestments do not necessarily need to be realized in similar assets than those sold. Indeed, the new investment could be realized in any kinds of fixed
assets such as ships, shareholdings, real estate, etc.
Large-repair and maintenance work on ships booked in the Shipping Company
In principle, provisions for losses or debts recorded by a Luxembourg company are only deductible, if they are
determined precisely and relate to the expenses occurred in the year in which they are constituted. In the case of
a Luxembourg shipping company however, Luxembourg tax authorities usually accept that reasonable provisions
concerning large scale repair and maintenance work on ships are deductible in the year they are booked.
Net worth tax Shipping Company
Luxembourg Net worth tax is levied annually at a rate of 0,5% on the adjusted net asset value of Luxembourg resident companies. This tax is not deductible from the corporate income tax. The tax base of the company (unitary value) could be defined as the difference between the assets of the company and its third party debt. The third-party debt includes the provisions recorded by the Luxembourg shipping company and in particular the
provision for large-scale repairs and maintenance works on ships.
Indirect tax (VAT)
In principle, supplies of goods and services in relation to seagoing vessels effectively used for transport,
industrial or commercial activities are exempt from VAT. Even in the event that the conditions for the
application of an exemption are not met, Luxembourg remains a friendly place to do business as its offers the
lowest VAT rates in the EU. (15%)
Capital duty Shipping Company
At incorporation and during each subsequent increase in capital, capital duty computed at the rate of 1% of
the value of the assets contributed is due. The tax is due on the subscribed capital, share premium (if any)
and on any subsequent capital increase, except in the case of capital increases realized by transferring free
reserves to the capital account. Based on a EU Directive proposal, capital duty should be reduced at least to 0,5% by 2008 and completely abolished by 2010 at the latest. Certain intra-EU transactions already benefit from capital duty relief. In particular two types of operations asset mergers and share mergers are exempt from capital duty under certain conditions.
Investment credit
Luxembourg income tax law provides for two specific incentives for investments in tangible assets put to use in Luxembourg. They are referred as global investment tax credit (Bonification dimpt pour investissement global) and complementary investment tax credit (bonification dimpt pour investissement complmentaire).
Both incentives take the form of a tax credit to be offset against Luxembourg corporate income tax. The investment tax credit not used during a given year can be carried forward for 10 years. Investment tax credit
cannot be offset against Luxembourg municipal business tax. This however is irrelevant for Luxembourg shipping companies as they are not subject to the municipal business tax.
Eligible persons
In principle, the investment tax credit is granted to Luxembourg companies that invest in tangible assets. However for leasing transactions, Luxembourg tax authorities have issued guidance determining under which conditions a lessee or a lessor may be authorized to benefit of the investment tax credit in lieu of the legal owner.
Eligible goods
In order to be eligible for the incentives, the investment must meet the following conditions: