Taxes Consolidation Act, 1997 (Number 39 of 1997)
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Chapter 5
Abatements
653AD. Repayment of tax on site not suitable for development
(1) This section applies in respect of a site where, subsequent to the publication of a final map, a local authority, following consultation with any person referred to in article 28 of the Planning and Development Regulations 2001, determines that, on the basis of information available at that time to the local authority, the site or part of the site is affected, in terms of its physical condition, by matters to a sufficient extent to preclude the provision of dwellings, including contamination or the presence of archaeological or historic remains.
(2) Where a local authority makes a determination under subsection (1), it shall notify, in writing, the liable person in respect of the site as soon as practicable of its determination.
(3) A notification under subsection (2) shall specify the date from which the site or part of the site concerned is determined by the local authority concerned to have been affected in the manner referred to in subsection (1).
(4) Where this section applies in respect of a site, the site (or where only part of the site is affected in the manner described in subsection (1), the part of the site so affected), shall, notwithstanding the inclusion of the site in a final map, not be a relevant site from the date specified in accordance with subsection (3).
(5) Subject to subsection (6), where a person has paid residential zoned land tax in respect of a site in respect of which this section applies, the person may make a claim for repayment of the tax.
(6) Where a person has paid residential zoned land tax in respect of a site in respect of which this section applies and part only of the site is affected in the manner described in subsection (1), the person may make a claim for repayment of that part of that tax which was attributable to the part of the site so affected, and the amount of that tax which can be claimed shall be determined by the following formula:
C = T × (Apart/Atotal)
where—
C is the amount of tax which can be claimed in accordance with this subsection,
T is the total amount of residential zoned land tax paid in respect of the site,
Apart is the area, in square metres, of the part of the site affected in the manner described in subsection (1), and
Atotal is the total area, in square metres, of the site.
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Inserted by FA21 s80(1)(a). Comes into operation on such day as the Minister for Finance may appoint by order.