372AJNon-application of relief in certain cases and provision against double relief.
(1) Notwithstanding any other provision of this Chapter, sections 372AC and 372AD shall not apply—
(a) in respect of expenditure incurred on the construction or refurbishment of a building or structure or a qualifying premises—
(i) where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and
(ii) either the person referred to in subparagraph (i) or a person connected (within the meaning of section 10) with that person incurred the expenditure on the construction or refurbishment of the building, structure or premises concerned,
(b) in respect of expenditure incurred on the construction or refurbishment of a building or structure or a qualifying premises where such building or structure or premises is in use for the purposes of a trade, or any activity treated as a trade, carried on by the person who is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure and such trade or activity is carried on wholly or mainly—
(i) in the sector of agriculture, including the production, processing and marketing of agricultural products,
(ii) in the coal industry, fishing industry or motor vehicle industry, or
(iii) in the transport, steel, shipbuilding, synthetic fibres or financial services sectors,
(c) in relation to any building or structure or qualifying premises which is provided for the purposes of a project, the regional aid for which is limited under the “Multisectoral framework on regional aid for large investment projects”1 prepared by the Commission of the European Communities.
(2) For the purposes of
>sections 372AC, 372AD, 372AF and 372AG<, where the site of any part of a building or structure is situated outside the boundary of a qualifying area and where expenditure incurred or treated as having been incurred in the qualifying period is attributable to the building or structure in general, such an amount of that expenditure shall be deemed to be attributable to the part which is situated outside the boundary of the qualifying area as bears to the whole of that expenditure the same proportion as the floor area of the part situated outside the boundary of the qualifying area bears to the total floor area of the building or structure.
(3) Where relief is given by virtue of any provision of this Chapter in relation to capital expenditure or other expenditure incurred on any building, structure or premises, relief shall not be given in respect of that expenditure under any other provision of the Tax Acts.