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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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285A Acceleration of wear and tear allowances for certain energy efficient equipment.

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(1) In this section—

energy-efficient equipment” means equipment, named on and complying with the criteria stated on the specified list, provided for the purposes of a trade and which at the time it is so provided is unused and not second-hand;

relevant period” means the period commencing on the date on which the first order is made under subsection (4) and [3]>ending 3 years after that date<[3] [3]>ending on [4]>31 December 2014<[4][8]>[4]>31 December 2017<[4]<[8][8]>31 December 2020<[8]<[3];

the specified list” means the list of energy-efficient equipment which—

(a) complies with subsections (3) and (4), and

(b) is maintained for the purposes of this section by Sustainable Energy Ireland — The Sustainable Energy Authority of Ireland;

Table” means the Table in Schedule 4A.

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(1) In this section—

‘energy-efficiency criteria’ has the meaning given to it by subsection (4);

‘energy-efficient equipment’ means equipment complying with the energy-efficiency criteria and named on the specified list;

‘relevant period’ means the period commencing on the date of the making of the Taxes Consolidation Act 1997 (Accelerated Capital Allowances for Energy Efficient Equipment) Order 2008 (S.I. No. 399 of 2008) and ending on [15]>31 December 2020<[15][15]>31 December 2023<[15];

‘SEAI’ means Sustainable Energy Ireland – The Sustainable Energy Authority of Ireland;

‘specified list’ has the meaning given to it by subsection (2A);

Table” means the Table in Schedule 4A.

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(2) Subject to this section, where for any chargeable period a wear and tear allowance is to be made under section 284 to a [5]>company<[5][5]>person<[5] which has incurred capital expenditure on the provision of energy-efficient equipment for the purposes of a trade carried on by that [5]>company<[5][5]>person<[5] [10]>which at the time it is so provided is unused and not second-hand<[10], section 284(2) shall apply as if the reference in paragraph (ad) of that section to 12.5 per cent were a reference to 100 per cent.

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(2A) (a) Subject to subsection (3), SEAI shall establish and maintain a list of energy-efficient equipment (in this section referred to as the ‘specified list’).

(b) SEAI shall publish the specified list on the website of SEAI and by such other means as SEAI considers appropriate.

(c) SEAI shall amend the specified list, as necessary, to keep it current by adding thereto or deleting therefrom, as the case may be, and when any such amendment is made to the specified list, SEAI shall publish the amended specified list in accordance with paragraph (b).

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(3) The specified list shall contain only such equipment that—

(a) is in a class of technology specified in column (1) of the Table, and

(b) is of a description for that class of technology specified in column (2) of the Table.

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(4) For the purposes of this section, the Minister for Communications, Energy and Natural Resources, after consultation with and the approval of the Minister for Finance—

(a) shall by order make the specified list—

(i) stating the energy efficiency criteria to be met for, and

(ii) naming the eligible products in,

each class of technology specified in column (1) of the Table, and

(b) may by order amend the specified list—

(i) stating energy efficiency criteria to be met for, or

(ii) naming eligible products in,

any class of technology specified in column (1) of the Table.

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(4) For the purposes of this section, the Minister for Communications, Climate Action and Environment, after consultation with and with the approval of the Minister for Finance, shall make an order stating the criteria (in this section referred to as the ‘energy-efficiency criteria’) relating to—

(a) the minimum levels of efficiency, performance, speed, storage or efficacy to be met, and

(b) the specific certifications and standards to be complied with or tested, or both, as the case may be,

for each class of technology specified in column (1) of the Table.

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(5) Subsection (2) shall not apply—

(a) where the person to whom the allowance is to be made in accordance with section 284 is not a company, or

(b) where the energy-efficient equipment is leased, let or hired to any person.

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(5)Subsection (2) shall not apply where the energy-efficient equipment is leased, let or hired to any person.

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(6) Subsection (2) shall not apply in respect of expenditure incurred in a chargeable period on the provision of energy-efficient equipment in relation to a class of technology where the amount of that expenditure is less than the minimum amount specified in column (3) of the Table in relation to that class of technology.

(7) (a) Subsection (2) shall not apply in respect of expenditure incurred on the provision of equipment where that expenditure is not incurred in the relevant period.

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(b) Where—

(i) expenditure on equipment is incurred on or after 31 January 2008 but before the first order is made under subsection (4), and

(ii) that equipment would have qualified as energy-efficient equipment under this section had such an order been made at the time the expenditure was incurred,

then this section shall apply as if the order had been made at that time.

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(b) Where—

(i) expenditure on equipment is incurred on or after 31 January 2008 but before the date of the making of the Taxes Consolidation Act 1997 (Accelerated Capital Allowances for Energy Efficient Equipment) Order 2008 (S.I. No. 399 of 2008), and

(ii) that equipment would have qualified as energy-efficient equipment under this section had the order referred to in subparagraph (i) been made at the time the expenditure was incurred,

then this section shall apply as if the order referred to in subparagraph (i) had been made at that time.

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(8) Where this section applies to capital expenditure incurred by a [7]>company<[7][7]>person<[7] on the provision of energy-efficient equipment and that equipment would not, apart from this section, be treated as machinery or plant, then that equipment shall be treated as machinery or plant for the purposes of this Chapter and Chapter 4 of this Part.

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(8A) (a) Notwithstanding Part 11C, where an allowance is increased under this section in respect of expenditure incurred in a chargeable period on the provision of any vehicle (being a vehicle to which subsection (1) of section 380K relates) in relation to the class of technology described in column (1) of the Table as “Electric and Alternative Fuel Vehicles”, then subsection (2) shall apply as if the reference in paragraph (ad) of section 284(2) to the actual cost were a reference to the lower of the actual cost of the vehicle or the specified amount referred to in section 380K(4).

(b) Subsection (2) shall not apply where an allowance in respect of expenditure incurred on the provision of a vehicle referred to in paragraph (a) is made under section 284(2) as applied by section 380L.

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(9) Any order made by the [14]>Minister for Communications, Energy and Natural Resources<[14][14]>Minister for Communications, Climate Action and Environment<[14] for the purpose of this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

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[1]

[+]

Inserted by FA08 s46(1)(a). With effect from 7 September 2018 per S.I. No. 349 of 2018.

[2]

[+]

Inserted by F(No.2)A08 s37(1)(a). With effect from 23 March 2009 per SI No. 91 of 2009.

[3]

[-] [+]

Substituted by FA11 s38. Deemed to have come into force and takes effect as on and from 1 January 2011.

[4]

[-] [+]

Substituted by FA14 s38(a). Comes into operation on 1 January 2015.

[5]

[-] [+] [-] [+]

Substituted by FA16 s17(a). Comes into operation on 1 January 2017.

[6]

[-] [+]

Substituted by FA16 s17(b). Comes into operation on 1 January 2017.

[7]

[-] [+]

Substituted by FA16 s17(c). Comes into operation on 1 January 2017.

[8]

[-] [+]

Substituted by FA17 s11. Comes into operation on 1 January 2018.

[9]

[-] [+]

Substituted by FA18 s17(1)(a). Comes into operation on 1 January 2019.

[10]

[+]

Inserted by FA18 s17(1)(b). Comes into operation on 1 January 2019.

[11]

[+]

Inserted by FA18 s17(1)(c). Comes into operation on 1 January 2019.

[12]

[-] [+]

Substituted by FA18 s17(1)(d). Comes into operation on 1 January 2019.

[13]

[-] [+]

Substituted by FA18 s17(1)(e). Comes into operation on 1 January 2019.

[14]

[-] [+]

Substituted by FA18 s17(1)(f). Comes into operation on 1 January 2019.

[15]

[-] [+]

Substituted by FA20 s12. Comes into operation on 1 January 2021.