372B Qualifying areas

Summary

This section empowers the Minister for Finance, on the recommendation of the Minister for the Environment and Local Government, to designate by order certain areas to be qualifying areas for one or more of the reliefs provided for in this Chapter or in Chapter 11 of this Part. The order may, as regards these reliefs, discriminate as between various categories of commercial development, various categories of expenditure for commercial and residential reliefs and may confine relief to the refurbishment of facades only of commercial buildings. Orders will prescribe, in relation to such areas, the period in which the scheme is to operate.

Details

Designation process – making of orders

(1) The Minister for Finance, on the recommendation of the Minister for the Environment and Local Government (which recommendation takes account of an Integrated Area Plan submitted by a local authority), may make an order directing that —

• (1)(a) an area or areas described in the order is to be a qualifying area for the purposes of one or more sections of the Chapter or of Chapter 11 of this Part;
• (1)(b) if the area is to be a qualifying area:
  • for the purposes of capital allowances for commercial premises under section 372D – the order can provide that one or more of the types of building or structure mentioned in subsection (2) may or may not be a qualifying premises within the meaning of section 372D. Also relief may be confined to construction or refurbishment expenditure.
  • for the purposes of the owner-occupier designation under section 372AR, relief may be confined to construction, conversion or refurbishment of a residential premises;
• (1)(b)(a) if the area is to be a qualifying area for the purposes of section 372AP (which provides relief for rented residential accommodation) the order can provide that the section applies in relation to construction, conversion or refurbishment, as appropriate.

Qualifying period – Urban Renewal qualifying areas

(1)(c) The order will specify the qualifying period for availing of the reliefs covered by the order. In relation to the business incentives under this Chapter no such period may commence before 1 August 1998, or end after—

• 31 December 2002, or
• 31 December 2006 where section 372A(1A) applies. [NB: The 31 December 2006 date is, subject to a commencement order, further extended to 31 July 2008 by section 30 FA 2006 – provided that the conditions of section 372A(1A) and (3) are satisfied].

(1)(d) In relation to the residential incentives under Chapter 11 of this Part, no such period may commence before 1 August 1998 or end after —

• 31 December 2002,
• 31 December 2006, where section 372AL(2) applies, or
• 31 July 2008, where section 372AL(2) and (3) apply.

Commercial buildings: selection of certain types

(2) The types of commercial premises referred to in subsection (1)(b) are specified viz. multi-storey car parks, offices, the facades of offices, other commercial buildings with only a small office content and the facades of such other buildings. An order can provide that one or more of these types of building or structure may or may not be a qualifying premises within the meaning of section 372D.

Power to amend or revoke an order)

(2A) The power to make an order under subsection (1) includes the power to amend or revoke the order.

Laying of orders

(3) Orders made designating areas as qualifying areas must be laid before Dáil Éireann in the normal way.

Accord with urban renewal law

(4) Relief under this Chapter or Chapter 11 of this Part will be available only where the requirements of the urban renewal legislation referred to in section 372A(2) [i.e. the Urban Renewal Act 1998] are met.

Relevant Date: Finance Act 2021