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Taxes Consolidation Act, 1997 (Number 39 of 1997)

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Chapter 8

Qualifying rural areas

372L Interpretation (Chapter 8).

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(1) In this Chapter—

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In this Chapter—

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lease”, “lessee”, “lessor”, “premium” and “rent” have the same meanings respectively as in Chapter 8 of Part 4;

market value”, in relation to a building, structure or house, means the price which the unencumbered fee simple of the building, structure or house would fetch if sold in the open market in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the building, structure or house, less the part of that price which would be attributable to the acquisition of, or of rights in or over, the land on which the building, structure or house is constructed;

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property developer” means a person carrying on a trade which consists wholly or mainly of the construction or refurbishment of buildings or structures with a view to their sale;

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qualifying period” means the period commencing on such day as the Minister for Finance may by order appoint and ending on the 31st day of December, 2001;

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qualifying period” means—

(a) for the purposes of sections 372M, 372N and 372O, the period commencing on such day as the Minister for Finance may by order appoint [11]>and ending on<[11] [6]>the 31st day of December, 2001<[6][7]>[6]>31 December 2002<[6], and<[7] [11]>[7]>31 December 2004,<[7]<[11][11]>and ending on—<[11]

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(i) 31 December 2004, or

(ii) where subsection (2) applies, [13]>31 July 2006<[13][13]>31 December 2006, or<[13]

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(iii) where subsections (2) and (3) apply, 31 July 2008;

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(b) for the purposes of sections 372P, 372Q, 372R and 372S, the period commencing on the 1st day of June, 1998, and ending on the 31st day of December, 2001;

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(b) for the purposes of sections 372P, 372Q, 372R and (in so far as it relates to those sections) section 372S, the period commencing on the 1st day of June, 1998, and ending on the 31st day of December, 2001, and

(c) for the purposes of section 372RA and (in so far as it relates to that section) section 372S, the period commencing on the 6th day of April, 1999, and ending on the 31st day of December, 2001;

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qualifying rural area” means any area described in Schedule 8A;

refurbishment”, in relation to a building or structure [9]>and other than for the purposes of<[9] [4]>section 372R<[4][9]>[4]>sections 372R and 372RA<[4]<[9], means any work of construction, reconstruction, repair or renewal, including the provision or improvement of water, sewerage or heating facilities, carried out in the course of the repair or restoration, or maintenance in the nature of repair or restoration, of the building or structure.

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(2) This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if—

(a) (i) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000), in so far as planning permission is required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003,

(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), and

(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations,

(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994), not being an application for outline permission within the meaning of article 3 of those regulations,

(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and

(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations,

or

(c) where the construction or refurbishment work on the building or structure represented by that expenditure is exempted development for the purposes of the Planning and Development Act 2000 by virtue of section 4 of that Act or by virtue of Part 2 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) and—

(i) a detailed plan in relation to the development work is prepared,

(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and

(iii) work to the value of 5 per cent of the development costs is carried out,

not later than 31 December 2004.

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(3) Subject to paragraphs (a) and (b) of section 270(7), this subsection shall apply in relation to the construction or refurbishment of a building or structure the site of which is wholly within a qualifying rural area where—

(a) the person who is constructing or refurbishing the building or structure has, on or before 31 December 2006, carried out work to the value of not less than 15 per cent of the actual construction or, as the case may be, refurbishment costs of the building or structure,

(b) the person referred to in paragraph (a) or, where the building or structure is sold by that person, the person who is claiming a deduction under Chapter 1 of Part 9 in relation to the expenditure incurred, can show that the condition in paragraph (a) was satisfied,

(c) a binding contract in writing, under which expenditure on the construction or refurbishment of the building or structure is incurred, was in existence on or before 31 July 2006, and

(d) such other conditions, as may be specified in regulations made for the purposes of this paragraph by the Minister for Finance, have been satisfied; but such conditions shall be limited to those necessary to ensure compliance with the laws of the European Communities governing State aid or with a decision of the Commission of the European Communities as to whether aid to which this subsection relates is compatible with the common market having regard to Article 87 of the European Communities Treaty.

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Inserted by FA98 s77(a).

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Substituted by FA98No2 s4.

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Substituted by FA99 s47(1)(a)(i).

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Substituted by FA99 s47(1)(a)(ii).

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Inserted by FA00 s45(1)(a)(i). This section shall apply as on and from 1 July 1999.

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Substituted by FA00 s45(1)(a)(ii). This section shall apply as on and from 1 July 1999.

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Substituted by FA02 s23(1)(d). Shall come into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different provisions.

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Deleted by FA02 sched2(2)(d)(i).

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Deleted by FA02 sched2(2)(d)(ii).

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Renumbered by FA04 s26(1)(e)(i). Shall come into operation on the making of an order to that effect by the Minister for Finance. With effect from 24 September 2004 per S.I. No. 642 of 2004.

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Substituted by FA04 s26(1)(e)(ii). Shall come into operation on the making of an order to that effect by the Minister for Finance. With effect from 24 September 2004 per S.I. No. 642 of 2004.

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Inserted by FA04 s26(1)(e)(iii). With effect from 24 September 2004 per S.I. No. 642 of 2004.

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Substituted by FA06 s31(1)(a)(i)(I). With effect from 26 June 2006 per SI 325 of 2006.

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Inserted by FA06 s31(1)(a)(i)(II).With effect from 26 June 2006 per SI 325 of 2006.

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Inserted by FA06 s31(1)(a)(ii). With effect from 26 June 2006 per SI 325 of 2006.