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V1831-14 10 July 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de entidades navieras

Special tax regime for shipping companies may apply to tugboats if port activity income is below 50%

An entity sought clarification on its tax status regarding two tugboats under the special tax regime for shipping companies. The Directorate General for Taxes (DGT) ruled that, as port waiting time is treated as maritime transport activity, the requirement that port-based income does not exceed 50% is met.

The question raised

Whether the taxpayer must regularize its tax situation regarding Corporate Income Tax in relation to previous fiscal years concerning the two vessels included in the authorization.

The DGT's ruling

For tugboats, income from port activities or assistance to vessels to reach port must be less than 50% of total income. According to Community Guidelines, waiting time in port must be proportionally assimilated to maritime transport activity. Therefore, if the time in port is considered maritime transport activity, port income will not reach the 50% limit established in Article 124 of the TRLIS.

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