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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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372AQ Qualifying expenditure: owner-occupiers.

(1) For the purposes of this Chapter, but subject to subsection (3), “qualifying expenditure” means expenditure incurred by an individual on—

(a) the construction of, conversion into, or, as the case may be, refurbishment of a qualifying premises, and

(b) in the case of a qualifying premises the site of which is wholly within a qualifying town area, the refurbishment of a facade,

where the qualifying premises is a qualifying owner-occupied dwelling in relation to the individual, after deducting from that amount of expenditure any sum in respect of or by reference to—

(i) that expenditure,

(ii) the qualifying premises, or

(iii) the construction, conversion or, as the case may be, refurbishment work in respect of which that expenditure was incurred,

which the individual has received or is entitled to receive, directly or indirectly, from the State, any board established by statute or any public or local authority.

(2) For the purposes of this section, “qualifying owner-occupied dwelling”, in relation to an individual, means a qualifying premises which is first used, after the qualifying expenditure has been incurred, by the individual as his or her only or main residence.

(3) Subsection (1) applies—

(a) in the case of a qualifying premises which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, as if the reference in that subsection to “construction” were a reference to “necessary construction”, and

(b) in the case of a qualifying premises the site of which is wholly within the site of a qualifying park and ride facility, as if the reference in that subsection to “construction of, conversion into, or, as the case may be, refurbishment of” were a reference to “construction of”.

(4) Subsection (7) of section 372AN, which relates to the construing of references in that section to the construction of, conversion into, or, as the case may be, refurbishment of, any premises, shall apply with any necessary modifications in construing references in this section to the construction of, conversion into, or, as the case may be, refurbishment of any premises.

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Inserted by FA02 sched2(1).