372AR Relief for owner-occupiers.
(1) Subject to this section, where an individual, having duly made a claim, proves to have incurred qualifying expenditure in a year of assessment, the individual is entitled, for that year of assessment and for any of the 9 subsequent years of assessment in which the qualifying premises in respect of which the individual incurred the qualifying expenditure is the only or main residence of the individual, to have a deduction made from his or her total income of an amount equal to—
(a) 5 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the construction of the qualifying premises,
(b) 10 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the necessary construction 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, or
(c) 10 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the conversion into or the refurbishment of the qualifying premises.
(2) Where the year of assessment first mentioned in subsection (1) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection applies—
(a) as if for “any of the 9 subsequent years of assessment” there were substituted “any of the 10 subsequent years of assessment”,
(b) as respects the year of assessment 2001, as if “3.7 per cent” and “7.4 per cent” were substituted for “5 per cent” and “10 per cent”, respectively, and
(c) as respects the year of assessment which is the 10th year of assessment subsequent to the year of assessment first mentioned in that subsection, as if “1.3 per cent” and “2.6 per cent” were substituted for “5 per cent” and “10 per cent”, respectively.
(3) Notwithstanding subsection (1), where the individual or, being a husband or wife, the individual’s spouse, is assessed to tax in accordance with section 1017, then, except where section 1023 applies, the individual shall be entitled to have the deduction, to which he or she is entitled under that subsection, made from his or her total income and the total income of his or her spouse, if any.
(4) A deduction shall be given under this section in respect of qualifying expenditure only in so far as that expenditure is to be treated under section 372AS(1) as having been incurred in the qualifying period.
(5) (a) A person is entitled to a deduction by virtue of subsection (1) in respect of qualifying expenditure incurred at a park and ride facility only in so far as that expenditure when aggregated with—
(i) other qualifying expenditure, if any, incurred at that park and ride facility in respect of which a deduction is to be made or would, but for this subsection, be made, and
(ii) other expenditure, if any, incurred at that park and ride facility in respect of which there is provision for a deduction under section 372AP,
does not exceed 25 per cent of the total expenditure incurred at that park and ride facility in respect of which an allowance or deduction is to be made or would, but for this subsection or section 372W(2)(c) or 372AP(5), be made by virtue of any provision of this Chapter or Chapter 9.
(b) A person who has incurred qualifying expenditure at a park and ride facility and who claims to have complied with the requirements of paragraph (a) in relation to that expenditure, shall be deemed not to have so complied unless the person has received from the relevant local authority a certificate in writing issued by that authority stating that it is satisfied that those requirements have been met.
(6) Where qualifying expenditure in relation to a qualifying premises is incurred by 2 or more persons, each of those persons shall be treated as having incurred the expenditure in the proportions in which they actually bore the expenditure, and the expenditure shall be apportioned accordingly.
(7) Subsections (6), (9) and (10) of section 372AP, in relation to—
(a) the apportionment of eligible expenditure incurred on or in relation to a qualifying premises and of the relevant cost in relation to that premises, and
(b) the amount of eligible expenditure to be treated as incurred in the qualifying period,
apply, with any necessary modifications, for the purposes of this section, in determining—
(i) the amount of qualifying expenditure incurred on or in relation to a qualifying premises, and
(ii) the amount of qualifying expenditure to be treated as incurred in the qualifying period,
as they apply for the purposes of section 372AP.
(8) Expenditure in respect of which an individual is entitled to relief under this section shall not include any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax acts.
(9) This section shall not apply in the case of any conversion or refurbishment unless planning permission, in so far as it is required, in respect of the conversion or, as the case may be, the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) acts, 1963 to 1999 or the Planning and Development act, 2000.
(10) Section 372AS applies for the purposes of supplementing this section.