{"id":11157,"date":"2022-04-19T19:12:19","date_gmt":"2022-04-19T19:12:19","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11157"},"modified":"2024-04-04T22:10:09","modified_gmt":"2024-04-04T22:10:09","slug":"special-property-allowances","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/special-property-allowances\/","title":{"rendered":"Special Property Allowances"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Hotel_and_Holiday_Cottages\" title=\"Hotel and Holiday Cottages\">Hotel and Holiday Cottages<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Nursing_Homes\" title=\"Nursing Homes\">Nursing Homes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Private_Hospitals\" title=\"Private Hospitals\">Private Hospitals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Sports_Injuries_Clinic\" title=\"Sports Injuries Clinic\">Sports Injuries Clinic<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Mental_Health_Centre\" title=\"Mental Health Centre\">Mental Health Centre<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Third_Level_Education\" title=\"Third Level Education\">Third Level Education<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Childcare\" title=\"Childcare\">Childcare<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Allowances_under_special_schemes\" title=\"Allowances under special schemes\">Allowances under special schemes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/#Successors\" title=\"Successors\">Successors<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#TAXES_CONSOLIDATION_ACT\" title=\"TAXES CONSOLIDATION ACT\">TAXES CONSOLIDATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_1_Custom_House_Docks_Area_ss_322-329\" title=\"Chapter 1 Custom House Docks Area (ss. 322-329)\">Chapter 1 Custom House Docks Area (ss. 322-329)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_2_Temple_Bar_Area_ss_330-338\" title=\"Chapter 2 Temple Bar Area (ss. 330-338)\">Chapter 2 Temple Bar Area (ss. 330-338)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_3_Designated_areas_designated_streets_enterprise_areas_and_multi-storey_car_parks_in_certain_urban_areas_ss_339-350A\" title=\"Chapter 3 Designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas (ss. 339-350A)\">Chapter 3 Designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas (ss. 339-350A)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_4_Qualifying_resort_areas_ss_351-359\" title=\"Chapter 4 Qualifying resort areas (ss. 351-359)\">Chapter 4 Qualifying resort areas (ss. 351-359)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_5_Designated_islands_ss_360-365\" title=\"Chapter 5 Designated islands (ss. 360-365)\">Chapter 5 Designated islands (ss. 360-365)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_6_Dublin_Docklands_Area_ss_366-372\" title=\"Chapter 6 Dublin Docklands Area (ss. 366-372)\">Chapter 6 Dublin Docklands Area (ss. 366-372)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_7_Qualifying_areas_ss_372A-372K\" title=\"Chapter 7 Qualifying areas (ss. 372A-372K)\">Chapter 7 Qualifying areas (ss. 372A-372K)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_8_Qualifying_rural_areas_ss_372L-372T\" title=\"Chapter 8 Qualifying rural areas (ss. 372L-372T)\">Chapter 8 Qualifying rural areas (ss. 372L-372T)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_9_Qualifying_rural_areas_ss_372U-372Z\" title=\"Chapter 9 Qualifying rural areas (ss. 372U-372Z)\">Chapter 9 Qualifying rural areas (ss. 372U-372Z)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_10_Designated_areas_of_certain_towns_ss_372AA-372AJ\" title=\"Chapter 10 Designated areas of certain towns (ss. 372AA-372AJ)\">Chapter 10 Designated areas of certain towns (ss. 372AA-372AJ)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_11_Reliefs_for_lessors_and_owner-occupiers_in_respect_of_expenditure_incurred_on_the_provision_of_certain_residential_accommodation_ss_372AK-372AV\" title=\"Chapter 11 Reliefs for lessors and owner-occupiers in respect of expenditure incurred on the provision of certain residential accommodation (ss. 372AK-372AV)\">Chapter 11 Reliefs for lessors and owner-occupiers in respect of expenditure incurred on the provision of certain residential accommodation (ss. 372AK-372AV)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_12_Mid-Shannon_Corridor_Tourism_Infrastructure_Investment_Scheme_372AW-372AZ\" title=\"Chapter 12 Mid-Shannon Corridor Tourism Infrastructure Investment Scheme (372AW-372AZ)\">Chapter 12 Mid-Shannon Corridor Tourism Infrastructure Investment Scheme (372AW-372AZ)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Chapter_13_Living_City_Initiative_ss_372AAA-372AAD\" title=\"Chapter 13 Living City Initiative (ss. 372AAA-372AAD)\">Chapter 13 Living City Initiative (ss. 372AAA-372AAD)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Income_Tax_and_Corporation_Tax_Deduction_for_Expenditure_on_Construction_Conversion_and_Refurbishment_of_Certain_Residential_Accommodation_for_Certain_Students_ss_380A-380F\" title=\"Income Tax and Corporation Tax: Deduction for Expenditure on Construction, Conversion and Refurbishment of Certain Residential Accommodation for Certain Students (ss. 380A-380F)\">Income Tax and Corporation Tax: Deduction for Expenditure on Construction, Conversion and Refurbishment of Certain Residential Accommodation for Certain Students (ss. 380A-380F)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/special-property-allowances\/2\/#Part_11B_Income_Tax_and_Corporation_Tax_Deduction_for_Expenditure_on_Refurbishment_of_Certain_Residential_Accommodation_ss_380G-380J\" title=\"Part 11B Income Tax and Corporation Tax: Deduction for Expenditure on Refurbishment of Certain Residential Accommodation (ss. 380G-380J)\">Part 11B Income Tax and Corporation Tax: Deduction for Expenditure on Refurbishment of Certain Residential Accommodation (ss. 380G-380J)<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Hotel_and_Holiday_Cottages\"><\/span>Hotel and Holiday Cottages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Capital allowances are granted for expenditure on hotels over 25 years at an annual 4% rate.<\/p>\n<p>Formerly, hotels qualified for accelerated capital allowances over seven years. This is now available, only provided that a certificate is given by the tourism authority (Tourism Ireland) in relation to the expenditure, certifying that it qualifies as a small or medium-size enterprise, in accordance with the European Union state aid criteria or rules. The\u00a0 expenditure must fall into certain criteria under the regional aid guidelines permitted under EU state aid rules. Buildings must be registered under the Tourist Traffic Act.<\/p>\n<p>After 4<sup>th<\/sup> December 2002, new holiday cottages registered with the tourism authority are not deemed to be used in a hotel trade. The period was extended to 2006 for expenditures incurred on \u00a0construction or refurbishment, provided the planning application \u00a0was in place by a certain earlier dates, the latest of which was in \u00a02004. The final qualification period ended on 31 July 2008.<\/p>\n<p>A guesthouse or holiday hostel registered as such with the tourism authority, is deemed to be in use as a hotel and qualifies for a 4% per annum allowance. Holiday camps and camping site buildings may qualify, subject to qualification under state aid rules.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nursing_Homes\"><\/span>Nursing Homes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Qualifying nursing homes could claim writing down allowances as industrial buildings for\u00a0 capital expenditure incurred from 1998 until 2011. A qualifying residential unit is deemed to be used for \u00a0the purpose of a trade for managing a nursing home. The Nursing home must be registered.. The allowance was granted over seven years at 15% for the first six years and 10% for the last year. The tax life was increased to 15 years after 1 February 2007. The qualifying period ended on 30 June 2011.<\/p>\n<p>A qualifying residential unit is a house on or adjoining a nursing home \u00a0or on its site, which is a single storey house or a residential building, compliant with building regulations which is designed to meet the needs of persons with disabilities which consist of one or two bedrooms, kitchen, a living room and includes a nurse call system linked to the registered nursing home. The qualifying period ended on 30 April 2010. The allowance was granted over seven years at 15% for the first six years and 10% of last year. The tax life increase to 15 years after 1 February 2007.<\/p>\n<p>Each of the above units must be part of a development of not less than 10 residential units where the development comprises a day care centre and back up medical centre, the units must be managed and registered as a nursing home with an on-site caretaker and at least 20% must be available to persons eligible for rent subsidy by the\u00a0 HSE,\u00a0 and the rent must not exceed 90% of what would be charged if it was rented to a person not in receipt of a subsidy.<\/p>\n<p>The units must be leased to persons who are certified by a medical doctor to require such accommodation \u00a0by reason of old age or infirmity. Alternatively, the unit must be leased to a registered nursing home, who let it in this way.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Private_Hospitals\"><\/span>Private Hospitals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Private convalescent homes facilities qualified for capital allowances during the same period on much the same basis. They must be registered in accordance with the nursing homes legislation. The qualifying period ended on 30 June 2011.<\/p>\n<p>Capital expenditure on private hospitals incurred between late 2002 and 2013 on a building or structure used as a qualifying hospital, qualified for allowances.<\/p>\n<p>The qualifying period ended on 31 December 2013.<\/p>\n<p>A qualifying hospital is<\/p>\n<ul>\n<li>a private hospital as defined in health insurance legislation;<\/li>\n<li>can provide constant medical and surgical service;<\/li>\n<li>has the capacity for outpatients and accommodation for at least 70 inpatient beds;<\/li>\n<li>has day case \/ out-patients medical and surgical services of not less than 40 beds;<\/li>\n<li>has operating theatres, therapeutic services, diagnostic services;<\/li>\n<li>provides the facilities of at least five specialists services including A&amp;E, cardiology, oncology, mental health services and paediatrics;<\/li>\n<li>provides 20% of its capacity to public patients at a discount of 10%; and<\/li>\n<li>receives annual certificates from HSE confirming compliance with the foregoing.<\/li>\n<\/ul>\n<p>The hospital includes rooms used for assessment and treatment, but excludes consultant\u2019s rooms and offices.<\/p>\n<p>If (any relevant interest in the) property is held by any of the following, then capital allowances were not available under state aid restrictions<\/p>\n<ul>\n<li>property developers,<\/li>\n<li>companies,<\/li>\n<li>trustees, individuals involved in the management of a hospital as director, employee or otherwise.<\/li>\n<\/ul>\n<p>Capital allowances were allowed on the relevant expenditure at the annual rate of 15% for the first six years and 10% for the last year. Otherwise there is clawback in this period. The \u00a0relevant period for clawback is increased to 15 years, if the building if first used after January \u00a02007.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sports_Injuries_Clinic\"><\/span>Sports Injuries Clinic<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Capital allowances are available for sports injuries clinic for expenditures incurred before 2008. The qualifying period ended on 31 July 2008.. A qualifying sports injuries clinic is one whose main business is the provision of healthcare consisting of diagnosis, alleviation and treatment of sports related injuries. It must<\/p>\n<ul>\n<li>have a capacity to provide day patient, inpatient and outpatient medical and surgical services of at least 20 beds;<\/li>\n<li>contain an operating theatre; and<\/li>\n<li>make 20% of its capacity available to the public patients with a discount of at least 10%.<\/li>\n<\/ul>\n<p>This ongoing conditions must be certified annually by the HSE..<\/p>\n<p>The above restrictions on the interest being held (and the allowances being accordingly claimed) by certain entities and person apply. If\u00a0 (any relevant interest in the) property is held then in the following, then capital allowances were not available under state aid restrictions<\/p>\n<ul>\n<li>property developers,<\/li>\n<li>companies,<\/li>\n<li>trustees, individuals involved in the management of a hospital as director, employee or otherwise.<\/li>\n<\/ul>\n<p>Capital allowances were allowed on the relevant expenditure at the annual rate of 15% for the first six years and 10% for the last year. There is a clawback if the building ceases to be so used within 10 years. The relief was phased out commencing in 2006.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mental_Health_Centre\"><\/span>Mental Health Centre<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Qualifying mental health centres qualified for capital allowance in the period 2007 to 2011. The qualifying period ended on 30 June 2011. They were deemed industrial building. A 15-year period applies. The centre had to be<\/p>\n<ul>\n<li>approved under the Mental Health Act,;<\/li>\n<li>have a capacity for day patients and outpatient services with accommodation of at least 20 beds;<\/li>\n<li>provide data to the HSE in relation to expenditure, nature of investors, amounts, together with other matters required to evaluate the costs of the allowance relative to the benefit.<\/li>\n<li>receive reception public patients of a minimum quantity (20%), \u00a0subject to a 10% price discount.<\/li>\n<\/ul>\n<p>There are obligations to make annual undertakings to the Revenue. A HSE certificate of compliance is required annually for a period of 15 years.<\/p>\n<p>The above restrictions on the interest being held (and the allowances being accordingly claimed) by certain entities and person apply if\u00a0 (any relevant interest in the) property is held then in the following, then capital allowances were not available under state aid restrictions<\/p>\n<ul>\n<li>property developers,<\/li>\n<li>companies,<\/li>\n<li>trustees, individuals involved in the management of a hospital as director, employee or otherwise.<\/li>\n<\/ul>\n<p>Capital allowances were allowed on the relevant expenditure at the annual rate of 15% for the first six years and 10% for the last year. The life of the drawback period is 15 years for balancing allowance\/charge.<\/p>\n<p>Most health sector capital allowances were terminated at the end of 2009. Expenditure incurred beyond that date, was permitted in limited circumstances where certain steps have been taken in the project by certain date. In these cases, the termination dates were postponed.<\/p>\n<p>Palliative care units survived the 2009 Finance Act Reforms. Palliative care is active total care of patients suffering from progressive illnesses and diseases which are progressive and advanced, and are no longer curable by medical treatments. The conditions are much the same as those applicable to hospitals.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Third_Level_Education\"><\/span>Third Level Education<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Capital allowances were available for expenditure on third level education buildings until the end of 2006. The period ran from \u00a0mid-1997 to tshe end of 2006 and in limited circumstances to end of July 2008. The period ran from \u00a0mid-1997 to the end of 2006 and in limited circumstances to end of July 2008. They continued to be available for a period up to August 2008, provided that certain minimum milestones in the project had been undertaken by 31<sup>st<\/sup> December 2006.<\/p>\n<p>The expenditure was allowed on qualifying premises and on plant and machinery approved by the Minister for Education or Minister for Health. A qualifying premises was a building used for third level education including sporting or leisure activities provided by an approved institution. It must be let to an approved institution. The expenditure must be certified as complying with conditions. The qualifying period ended on 31 July 2008<\/p>\n<p>The allowance provides for industrial buildings annual allowance of 15% for 6 years and 10% in the final year with a tax (clawback) life of seven years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Childcare\"><\/span>Childcare<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Capital allowances were available on expenditure and construction of childcare facilities. This included their extension, conversion or refurbishment. The facilities must be certified under childcare legislation and meet the prescribed standards.<\/p>\n<p>The building must be used as childcare facility for 10 years in order to avoid claw back. The period was increased to 15 years for first use after February 2007. The allowance was at the rate of 10% per year. It is available to owners and lessors\/investors. After 1999, property developers and persons connected with them are not entitled to claim allowances.<\/p>\n<p>The scheme terminated as on 1<sup>st<\/sup> October 2010, unless certain key conditions had been met by that date in which event extension for ongoing projects was allowed. The scheme finally ended on 31 March 2012<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Allowances_under_special_schemes\"><\/span>Allowances under special schemes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally, industrial buildings expenditure is allowed over 25 years at an annual rate of \u00a04%. In some cases, a greater percentage may be allowed earlier, as parts of a special al incentives, for example former designated disadvantages areas. There have been many such schemes, many of which are being or have been phased out, but may still be encountered, where a qualifying building\u00a0 is purchased before the end of the relevant write off period.<\/p>\n<p>Certain class of expenditure such as those qualifying such as nursing homes, hotels and similar facilities are\u00a0 written off over for seven years at 15% per annum at 10% in the last year. Numerous such facilities have been financed by investors on lease back arrangements that share the value of the allowances between the operator and investors.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Successors\"><\/span>Successors<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are rules in relation to the allowances granted to purchasers of buildings, who have not themselves incurred the construction expenditure. Purchasers may qualify for allowances \u00a0based on proportionate part of the purchase price. This is based on the construction costs as a percentage of construction cost plus site cost. It need not be the actual cost to the developer. This applies to a first sale before first use or within one year of the construction.<\/p>\n<p>On subsequent sales within the write off period, the allowances are based on the lower of part of the price paid by the purchaser or the actual allowance originally available. The part of the price is the proportion referable to actual construction costs \/ construction cost plus cost of land. This is allowed over the balance of the write off period.<\/p>\n<p><!--nextpage--><\/p>\n<h2>TAXES CONSOLIDATION ACT<\/h2>\n<p>&nbsp;<\/p>\n<p>Part 10 Income Tax and Corporation Tax: Reliefs for Renewal and Improvement of Certain Urban Areas, Certain Resort Areas and Certain Islands (ss. 322-372AAC)<\/p>\n<h4>Chapter 1 Custom House Docks Area (ss. 322-329)<\/h4>\n<p>322. Interpretation (Chapter 1).<br \/>\n(1)In this Chapter, but subject to subsection (2) &#8211;<\/p>\n<p>&#8220;the Custom House Docks Area&#8221; means the area described in paragraph 2 of Schedule 5;<\/p>\n<p>&#8220;the specified period&#8221; means the period commencing on the 25th day of January, 1988, and ending on &#8211;<br \/>\n(a)the 24th day of January, 1999, for the purposes of section 324,<br \/>\n(b)the 31st day of December, 1999, for the purposes of sections 325 to 328, and<br \/>\n(c)the 31st day of December, 1999, for the purposes of section 323; but where, in relation to the construction of a qualifying premises within the meaning of that section, at least 51 per cent of the total capital expenditure which is incurred on the construction of the premises is incurred before the 1st day of January, 2000, the reference in this paragraph to the 31st day of December, 1999, shall be construed as a reference to the 30th day of June, 2000.<\/p>\n<p>(2)For the purposes of this Chapter, the Minister for Finance, after consultation with the Minister for the Environment and Local Government, may by order direct that &#8211;<\/p>\n<p>(a)the definition of &#8220;the Custom House Docks Area&#8221; shall include such area or areas described in the order which but for the order would not be included in that definition, and<\/p>\n<p>(b)as respects any such area so described, the definition of &#8220;the specified period&#8221; shall be construed as a reference to such period as shall be specified in the order in relation to that area; but no such period specified in the order shall commence before the 26th day of January, 1994, or end after-<\/p>\n<p>(i)the 24th day of January, 1999, for the purposes of section 324,<\/p>\n<p>(ii)the 31st day of December, 1999, for the purposes of sections 325 to 328, and<\/p>\n<p>(iii)the 31st day of December, 1999, for the purposes of section 323; but where, in relation to the construction of a qualifying premises within the meaning of that section, at least 51 per cent of the total capital expenditure which is incurred on the construction of the premises is incurred before the 1st day of January, 2000, the reference in this subparagraph to the 31st day of December, 1999, shall be construed as a reference to the 30th day of June, 2000,<\/p>\n<p>and, where the Minister for Finance so orders, the definition of &#8220;the Custom House Docks Area&#8221; shall be deemed to include that area or those areas and the definition of &#8220;the specified period&#8221; shall be construed as a reference to the period specified in the order.<\/p>\n<p>(3)The Minister for Finance may make orders for the purpose of this section and any order made under this section shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(4)Schedule 5 shall apply for the purposes of supplementing this Chapter.<\/p>\n<p>323. Capital allowances in relation to construction of certain commercial premises.<br \/>\n(1)In this section, &#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within the Custom House Docks Area and which &#8211;<\/p>\n<p>(a)apart from this section is not an industrial building or structure within the meaning of section 268(1), and<\/p>\n<p>(b)<\/p>\n<p>(i)is in use for the purposes of a trade or profession, or<\/p>\n<p>(ii)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any building or structure in use as or as part of a dwelling house.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) to (5), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction of a qualifying premises only in so far as that expenditure is incurred in the specified period.<\/p>\n<p>(3)<\/p>\n<p>(a)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the specified period on the construction of a qualifying premises &#8211;<\/p>\n<p>(i)section 271 shall apply as if &#8211;<\/p>\n<p>(I)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(II)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(III)subsections (3) and (5) of that section were deleted, and<\/p>\n<p>(IV)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(ii)section 273 shall apply as if &#8211;<\/p>\n<p>(I)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(II)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(b)[deleted]<\/p>\n<p>(4)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(5)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction of a qualifying premises is incurred in the specified period, only such an amount of that capital expenditure as is properly attributable to work on the construction of the premises actually carried out during the specified period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>324. Double rent allowance in respect of rent paid for certain business premises.<br \/>\n(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221;, in relation to a building or structure, means the price which the unencumbered fee simple of the building or structure 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 or structure, 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 or structure is constructed;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsection (4), a lease in respect of a qualifying premises granted in the specified period, or within the period of 2 years from the day next after the end of the specified period, on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within the Custom House Docks Area and &#8211;<br \/>\n(i)<br \/>\n(I)which is an industrial building or structure within the meaning of section 268(1), and in respect of which capital expenditure is incurred in the specified period for which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9, or<br \/>\n(II)in respect of which an allowance is to be made, or, as respects rent payable under a qualifying lease entered into on or after the 18th day of April, 1991, will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 323, and<br \/>\n(ii)which is let on bona fide commercial terms for such consideration as might be expected to be paid on a letting of the building or structure negotiated on an arm&#8217;s length basis<br \/>\nbut, as respects rent payable under a qualifying lease entered into on or after the 6th day of May, 1993, where capital expenditure is incurred in the specified period on the refurbishment of a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9, the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building or structure, 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 repair or restoration, or maintenance in the nature of repair or restoration, of the building or structure.<\/p>\n<p>(b)For the purposes of this section but subject to paragraph (c), so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(i)10 years, or<\/p>\n<p>(ii)the period by which 10 years exceeds &#8211;<\/p>\n<p>(I)any preceding period, or<\/p>\n<p>(II)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable &#8211;<\/p>\n<p>(A)by that person or any other person, or<\/p>\n<p>(B)as respects rent payable in relation to any qualifying premises under a qualifying lease entered into before the 11th day of April, 1994, by that person or any person connected with that person,<\/p>\n<p>in relation to that premises under a qualifying lease.<\/p>\n<p>(c)As respects rent payable in relation to any qualifying premises under a qualifying lease entered into before the 18th day of April, 1991, &#8220;relevant rental period&#8221;, in relation to a qualifying premises, means the period of 10 years commencing on the day on which rent in respect of that premises is first payable under any qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person &#8211;<\/p>\n<p>(a)for a relevant rental period, or<\/p>\n<p>(b)as respects rent payable in relation to any qualifying premises under a qualifying lease entered into before the 18th day of April, 1991, in the relevant rental period,<\/p>\n<p>in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but, as respects a qualifying lease granted on or after the 21st day of April, 1997, where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(3)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of the qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and such person or, as respects rent payable in relation to any qualifying premises under a qualifying lease entered into on or after the 6th day of May, 1993, either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(4)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>(5)Notwithstanding any other provision of this section, subsection (2) shall not apply &#8211;<\/p>\n<p>(a)in respect of rent payable, under a qualifying lease, for any part of a relevant rental period between 3 December 1998 and 31 December 2003 unless &#8211;<\/p>\n<p>(i)in the case of a qualifying premises within an area or areas included in the definition of &#8220;the Custom House Docks Area&#8221; by virtue of being described in an order of the Minister for Finance made under section 322(2), an agreement in writing or a contract in writing to secure the development of the building or structure, which comprises the qualifying premises or in which the qualifying premises is located, was entered into in the specified period, but by 2 December 1998, with the Dublin Docklands Development Authority (within the meaning of section 14 of the Dublin Docklands Development Authority Act, 1997), or<\/p>\n<p>(ii)in the case of any other qualifying premises, an agreement in writing or a contract in writing to secure the development of the building or structure, which comprises the qualifying premises or in which the qualifying premises is located, was entered into in the specified period, but by 2 December 1998, and such development was wholly or mainly completed before 1 January 2000,<\/p>\n<p>(b)n respect of rent payable, under a qualifying lease, for any part of a relevant rental period between 1 January 2004 and 31 December 2008, in the case of a qualifying premises to which subsection (2) applies by virtue of paragraph (a)(i),<\/p>\n<p>(c)in respect of rent payable, under a qualifying lease, for any part of a relevant rental period between 1 January 2004 and 31 December 2008, in the case of a qualifying premises to which subsection (2) applies by virtue of paragraph (a)(ii), unless &#8211;<\/p>\n<p>(i)the construction or refurbishment of the qualifying premises, which is the subject of the qualifying lease, was completed prior to 1 April 1998, or<\/p>\n<p>(ii)<\/p>\n<p>(I)the construction or refurbishment of the qualifying premises, which is the subject of the qualifying lease, commenced prior to 1 April 1998, and<\/p>\n<p>(II)such premises was occupied by a lessee, under a qualifying lease, prior to 9 February 1999,<\/p>\n<p>(d)in respect of rent payable, under a qualifying lease, for any part of a relevant rental period after 31 December 2008.<\/p>\n<p>325. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 329(2), a lease of the house the consideration for the grant of which consists &#8211;<br \/>\n(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<br \/>\n(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the 30th day of January, 1991, and ending on the last day of the specified period;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(a) and (5) of section 329, a house in the Custom House Docks Area &#8211;<br \/>\n(a)which is used solely as a dwelling<br \/>\n(b)the total floor area of which &#8211;<br \/>\n(i)is not less than 30 square metres and not more than &#8211;<br \/>\n(I)125 square metres, or<br \/>\n(II)as respects expenditure incurred before the 12th day of April, 1995, 90 square metres<br \/>\nin the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<br \/>\n(ii)in any other case, is not less than 35 square metres and not more than 125 square metres<br \/>\n(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<br \/>\n(d)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (3), an amount equal to the aggregate of &#8211;<br \/>\n(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<br \/>\n(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 329(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 329(7) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 329(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 329(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 329(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of that trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 329 shall apply for the purposes of supplementing this section.<\/p>\n<p>326. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<br \/>\n(a)the conversion into a house of a building in the Custom House Docks Area which has not been previously in use as a dwelling, and<br \/>\n(b)the conversion into 2 or more houses of a building in the Custom House Docks Area which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 329 to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 329(2), a lease of the house the consideration for the grant of which consists &#8211;<br \/>\n(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<br \/>\n(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the 30th day of January, 1991, and ending on the last day of the specified period;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b) and (5) of section 329, a house &#8211;<br \/>\n(a)which is used solely as a dwelling<br \/>\n(b)the total floor area of which &#8211;<br \/>\n(i)is not less than 30 square metres and not more than &#8211;<br \/>\n(I)125 square metres, or<br \/>\n(II)as respects expenditure incurred before the 26th day of January, 1994, 90 square metres<br \/>\nin the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<br \/>\n(ii)in any other case, is not less than 35 square metres and not more than 125 square metres<br \/>\n(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<br \/>\n(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 329(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 329(7) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 329(7) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 329(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 329(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 329(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(11)Section 329 shall apply for the purposes of supplementing this section.<\/p>\n<p>327. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 329(2), a lease of the house the consideration for the grant of which consists &#8211;<br \/>\n(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<br \/>\n(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<br \/>\n(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<br \/>\n(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the 30th day of January, 1991, and ending on the last day of the specified period;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b) and (5) of section 329, a house &#8211;<br \/>\n(a)which is used solely as a dwelling<br \/>\n(b)the total floor area of which &#8211;<br \/>\n(i)is not less than 30 square metres and not more than &#8211;<br \/>\n(I)125 square metres, or<br \/>\n(II)as respects expenditure incurred before the 26th day of January, 1994, 90 square metres<br \/>\nin the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<br \/>\n(ii)in any other case, is not less than 35 square metres and not more than 125 square metres<br \/>\n(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<br \/>\n(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<br \/>\n(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<br \/>\n(b)the provision or improvement of water, sewerage or heating facilities<br \/>\nwhere the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8220;relevant expenditure&#8221;, means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221; in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221;, means a building in the Custom House Docks Area &#8211;<br \/>\n(a)in which before the refurbishment to which the relevant expenditure relates there are 2 or more houses, and<br \/>\n(b)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) 2 or more houses.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 329(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 329(7) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 329(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 329(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 329(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 329(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 329 shall apply for the purposes of supplementing this section.<\/p>\n<p>328. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual in the specified period on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<br \/>\n(a)that expenditure<br \/>\n(b)the qualifying premises, or<br \/>\n(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred<br \/>\nwhich 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;<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, in relation to an individual, means a qualifying premises the site of which is wholly within the Custom House Docks Area and which is first used, after the qualifying expenditure has been incurred, by the individual as his or her only or main residence;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 329, a house &#8211;<br \/>\n(a)which is used solely as a dwelling<br \/>\n(b)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<br \/>\n(c)the total floor area of which &#8211;<br \/>\n(i)is not less than 30 square metres and not more than &#8211;<br \/>\n(I)125 square metres, or<br \/>\n(II)as respects expenditure incurred before the 12th day of April, 1995, on the construction of a house, and expenditure incurred before the 26th day of January, 1994, on the refurbishment of a house, 90 square metres<br \/>\nin the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<br \/>\n(ii)in any other case, is not less than 35 square metres and not more than 125 square metres;<\/p>\n<p>&#8220;refurbishment&#8221; has the same meaning as in section 327.<\/p>\n<p>(2)Where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 &#8211;<\/p>\n<p>(a)5 per cent of the amount of that expenditure, or<\/p>\n<p>(b)in the case where the qualifying expenditure has been incurred on or after the 26th day of January, 1994, on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; and &#8220;7.4 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; and &#8220;2.6 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively.<\/p>\n<p>(3)<\/p>\n<p>(a)Where the 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 only such amount of the expenditure as the inspector, to the best of his or her knowledge and judgment, considers to be just and reasonable, and the expenditure shall be apportioned accordingly.<\/p>\n<p>(b)An apportionment made under paragraph (a) may be amended by the Appeal Commissioners or by the Circuit Court on the hearing or rehearing of an appeal against any deduction granted on the basis of the apportionment.<\/p>\n<p>(4)Section 329 shall apply for the purposes of supplementing this section.<\/p>\n<p>329. Provisions supplementary to sections 325 to 328.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 325 to 328 &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 325, 326, 327 or 328, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221; and&#8221;premium&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 325, 326 or 327 if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 325, 326 or 327 if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 325(2), 326(4) or 327(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 325 or, in so far as it applies to expenditure other than expenditure on refurbishment, section 328 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 326 or 327 or, in so far as it applies to expenditure on refurbishment, section 328 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 325, 326, 327 or 328 unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)For the purposes of sections 325 to 328, references in those sections to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 325(2), 326(4), 327(2) or 328(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period or, as the case may be, during the specified period, only such an amount of that expenditure as is determined by the inspector, according to the best of his or her knowledge and judgment, to be properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises which was actually carried out during the qualifying period or, as the case may be, during the specified period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(c)Any amount which by virtue of paragraph (a) or (b) is determined by the inspector may be amended by the Appeal Commissioners or by the Circuit Court on the hearing or the rehearing of an appeal against that determination.<\/p>\n<p>(8)<\/p>\n<p>(a)Any apportionment required by section 325(4), 326(6) or 327(4) shall be made by the inspector according to the best of his or her knowledge and judgment.<\/p>\n<p>(b)Any apportionment made under section 325(4), 326(6) or 327(4) may be amended by the Appeal Commissioners or by the Circuit Court on the hearing or the rehearing of an appeal against any deduction granted on the basis of the apportionment.<\/p>\n<p>(9)<\/p>\n<p>(a)For the purposes of sections 325 and 326 other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 327 other than the purposes mentioned in subsection (7)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 328 other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(10)For the purposes of sections 326 and 327, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(11)Section 555 shall apply as if a deduction under section 325(2), 326(4) or 327(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 325(5), 326(7) or 327(5), as the case may be, were a balancing charge.<\/p>\n<p>(12)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 325, 326, 327 or 328 (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<h4>Chapter 2 Temple Bar Area (ss. 330-338)<\/h4>\n<p>330. Interpretation (Chapter 2).<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing &#8211;<br \/>\n(a)for the purposes of any provision of this Chapter other than section 334, 335 or 336, the 6th day of April, 1991, or<br \/>\n(b)for the purposes of sections 334 to 336, the 30th day of January, 1991,<br \/>\nand ending on &#8211;<br \/>\n(i)the 5th day of April, 1999, or<br \/>\n(ii)the 31st day of December, 1999, where, in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a house which is a qualifying premises within the meaning of section 334, 335, 336 or 337, the corporation of the country borough of Dublin gives a certificate in writing, on or before the 31st day of July, 1999, to the person constructing, converting or refurbishing, as the case may be, the house stating that it is satisfied that not less than 50 per cent of the total cost of the house and the site thereof had been incurred on or before the 5th day of April, 1999;<\/p>\n<p>&#8220;refurbishment&#8221; 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 repair or restoration, or maintenance in the nature of repair or restoration, of a building or structure, which is consistent with the original character or fabric of the building or structure;<\/p>\n<p>&#8220;the Temple Bar Area&#8221; means the area described in paragraph 2 of Schedule 6.<\/p>\n<p>(2)The provisions specified in this Chapter as applying in relation to capital or other expenditure incurred or rent payable in relation to any building or premises (however described in this Chapter) in the Temple Bar Area shall apply only if the relevant building or premises, in relation to which that capital or other expenditure was incurred or rent is so payable, is approved for the purposes of this Chapter by the company known as Temple Bar Renewal Limited.<\/p>\n<p>(3)Notwithstanding any other provision of the Tax Acts, where part of a building or structure is used for commercial purposes and part is used for residential purposes, the total amount of the expenditure incurred on the construction or refurbishment of the building or structure shall be apportioned as between the respective parts of the building or structure in such manner as is just and reasonable for the purpose of giving effect to this Chapter.<\/p>\n<p>(4)Schedule 6 shall apply for the purposes of supplementing this Chapter.<\/p>\n<p>331. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\n(1)This section shall apply to a building or structure &#8211;<\/p>\n<p>(a)which is &#8211;<\/p>\n<p>(i)constructed in the Temple Bar Area in the qualifying period, or<\/p>\n<p>(ii)an existing building or structure in the Temple Bar Area as on the 1st day of January, 1991, and is the subject of refurbishment in the qualifying period,<\/p>\n<p>and<\/p>\n<p>(b)which is to be an industrial building or structure by reason of its use for a purpose specified in paragraph (a) or (d) of section 268(1).<\/p>\n<p>(2)Section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsections (3) and (5) of that section were deleted, and<\/p>\n<p>(d)<\/p>\n<p>(i)in the case where the capital expenditure is incurred on the construction of the building or structure, the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 25 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(ii)in the case where the capital expenditure is incurred on the refurbishment of the building or structure, the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;.<\/p>\n<p>(3)Section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies &#8211;<\/p>\n<p>(a)in the case where the capital expenditure is incurred on the construction of the building or structure as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(iii)subsections (3) to (7) of that section were deleted,<\/p>\n<p>and<\/p>\n<p>(b)in the case where the capital expenditure is incurred on the refurbishment of the building or structure as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(ii)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(4)For the purposes of this section, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure to which this section applies, such expenditure shall be deemed to include the lesser of &#8211;<\/p>\n<p>(a)any expenditure incurred on the purchase of the building or structure, other than expenditure incurred on the acquisition of, or of rights in or over, any land, and<\/p>\n<p>(b)an amount which is equal to the value of the building or structure on the 1st day of January, 1991, other than any amount of such value as is attributable to, or to rights in or over, any land,<\/p>\n<p>if the expenditure referred to in paragraph (a) or the amount referred to in paragraph (b), as the case may be, is not greater than the amount of the capital expenditure actually incurred in the qualifying period on the refurbishment of the building or structure.<\/p>\n<p>(5)Notwithstanding section 274(1), in the case of a building or structure to which this section applies by reason of its use for a purpose specified in section 268(1)(a), no balancing charge shall be made by reason of any of the events specified in section 274(1) which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the building or structure was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the building or structure was incurred.<\/p>\n<p>(6)For the purposes only of determining, in relation to a claim for an allowance under section 271 or 273 as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period; but nothing in this subsection shall affect the operation of subsection (4).<\/p>\n<p>(7)Where, in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies, any allowance or charge has been made under the provisions of the Tax Acts relating to the making of allowances and charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure by virtue of section 42 of the Finance Act, 1986, as applied by section 55 of the Finance Act, 1991, that allowance or charge shall be deemed to have been made under those provisions by virtue of this section.<\/p>\n<p>332. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;multi-storey car park&#8221; means a building or structure consisting of 3 or more storeys wholly or mainly in use for the purpose of providing, for members of the public generally without preference for any particular class of person, on payment of an appropriate charge, parking space for mechanically propelled vehicles;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure which &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)is constructed in the Temple Bar Area in the qualifying period, or<\/p>\n<p>(ii)is an existing building or structure in the Temple Bar Area as on the 1st day of January, 1991, and is the subject of refurbishment in the qualifying period,<\/p>\n<p>(b)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(c)<\/p>\n<p>(i)is in use for the purposes of a trade or profession, or<\/p>\n<p>(ii)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) to (8), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)Section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsections (3) and (5) of that section were deleted, and<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;.<\/p>\n<p>(4)Section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(b)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(5)For the purposes of this section, where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, such expenditure shall be deemed to include the lesser of &#8211;<\/p>\n<p>(a)any expenditure incurred on the purchase of the building or structure, other than expenditure incurred on the acquisition of, or of rights in or over, any land, and<\/p>\n<p>(b)an amount which is equal to the value of the building or structure as on the 1st day of January, 1991, other than any amount of such value as is attributable to, or to rights in or over, any land,<\/p>\n<p>if the expenditure referred to in paragraph (a) or the amount referred to in paragraph (b), as the case may be, is not greater than the amount of the capital expenditure actually incurred in the qualifying period on the refurbishment of the qualifying premises.<\/p>\n<p>(6)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(7)<\/p>\n<p>(a)Notwithstanding subsections (2) to (4), any allowance or charge which apart from this subsection would be made by virtue of subsection (2) in respect of capital expenditure incurred on the construction of a qualifying premises, other than a qualifying premises which is a multi-storey car park, shall be reduced to one-half of the amount which apart from this subsection would be the amount of that allowance or charge.<\/p>\n<p>(b)For the purposes of paragraph (a), the amount of an allowance or charge to be reduced to one-half shall be computed as if &#8211;<\/p>\n<p>(i)this subsection had not been enacted, and<\/p>\n<p>(ii)effect had been given to all allowances taken into account in so computing that amount.<\/p>\n<p>(c)Nothing in this subsection shall affect the operation of section 274(8).<\/p>\n<p>(8)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period; but nothing in this subsection shall affect the operation of subsection (5).<\/p>\n<p>(9)Where, in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises, any allowance or charge has been made under the provisions of the Tax Acts relating to the making of allowances and charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure by virtue of section 42 of the Finance Act, 1986, as applied by section 55 of the Finance Act, 1991, that allowance or charge shall be deemed to have been made under those provisions by virtue of this section.<\/p>\n<p>333. Double rent allowance in respect of rent paid for certain business premises.<br \/>\n(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221;, in relation to a building or structure, means the price which the unencumbered fee simple of the building or structure 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 or structure, 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 or structure is constructed;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsection (4), a lease in respect of a qualifying premises granted in the qualifying period, or granted in any subsequent period ending on or before 31 December 1999, on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure in the Temple Bar Area &#8211;<\/p>\n<p>(i)<\/p>\n<p>(I)which is an industrial building or structure within the meaning of section 268(1), and in respect of which capital expenditure is incurred in the qualifying period for which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9, or<\/p>\n<p>(II)in respect of which an allowance is to be made, or, as respects rent payable under a qualifying lease entered into on or after the 18th day of April, 1991, will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 332, and<\/p>\n<p>(ii)which is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but, as respects rent payable under a qualifying lease entered into on or after the 6th day of May, 1993, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9, the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(b)For the purposes of this section but subject to paragraph (c), so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(i)10 years, or<\/p>\n<p>(ii)the period by which 10 years exceeds &#8211;<\/p>\n<p>(I)any preceding period, or<\/p>\n<p>(II)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable &#8211;<\/p>\n<p>(A)by that person or any other person, or<\/p>\n<p>(B)as respects rent payable in relation to any qualifying premises under a qualifying lease entered into before the 11th day of April, 1994, by that person or any person connected with that person,<\/p>\n<p>in relation to that premises under a qualifying lease.<\/p>\n<p>(c)As respects rent payable in relation to any qualifying premises under a qualifying lease entered into before the 18th day of April, 1991, &#8220;relevant rental period&#8221;, in relation to a qualifying premises, means the period of 10 years commencing on the day on which rent in respect of that premises is first payable under any qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person &#8211;<\/p>\n<p>(a)for a relevant rental period, or<\/p>\n<p>(b)as respects rent payable in relation to any qualifying premises under a qualifying lease entered into before the 18th day of April, 1991, in the relevant rental period,<\/p>\n<p>in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but, as respects a qualifying lease granted on or after the 21st day of April, 1997, where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(3)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of that qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and such person or, as respects rent payable in relation to any qualifying premises under a qualifying lease entered into on or after the 6th day of May, 1993, either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(4)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>(5)In determining whether a period is a relevant rental period for the purposes of this section, rent payable by any person in relation to a premises in respect of which a further deduction was given under section 45 of the Finance Act, 1986, as applied by section 55 of the Finance Act, 1991 (or would have been so given but for the operation of paragraph (b) of the proviso to subsection (2) of section 45 of the Finance Act, 1986), shall be treated as having been payable by that person in relation to the premises under a qualifying lease.<\/p>\n<p>334. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 338(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(a) and (5) of section 338, a house in the Temple Bar Area &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than &#8211;<\/p>\n<p>(I)125 square metres, or<\/p>\n<p>(II)as respects expenditure incurred before the 12th day of April, 1995, 90 square metres,<\/p>\n<p>in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(d)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (3), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 338(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 338(7) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 338(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 338(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 338(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of that trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)This section shall apply as if a deduction given to a person under section 23 of the Finance Act, 1981, as applied by section 56 of the Finance Act, 1991 (in so far as it applied in relation to the Temple Bar Area), were a deduction given to such person under this section in respect of expenditure incurred in the qualifying period on the construction of a qualifying premises.<\/p>\n<p>(9)Section 338 shall apply for the purposes of supplementing this section.<\/p>\n<p>335. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)refurbishment in the course of the conversion into a house of a building in the Temple Bar Area which has not been previously in use as a dwelling, and<\/p>\n<p>(b)refurbishment in the course of the conversion into 2 or more houses of a building in the Temple Bar Area which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 338 to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 338(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b) and (5) of section 338, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than &#8211;<\/p>\n<p>(I)125 square metres, or<\/p>\n<p>(II)as respects expenditure incurred before the 26th day of January, 1994, 90 square metres,<\/p>\n<p>in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 338(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 338(7) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 338(7) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 338(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 338(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 338(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(11)This section shall apply as if a deduction given to a person under section 23 of the Finance Act, 1981, by virtue of section 24 of that Act or section 22 of the Finance Act, 1985, as respectively applied by sections 56 and 58 of the Finance Act, 1991 (in so far as those sections applied to the Temple Bar Area), were a deduction given to such person under this section in respect of conversion expenditure incurred in the qualifying period in relation to a house which is a qualifying premises.<\/p>\n<p>(12)Section 338 shall apply for the purposes of supplementing this section.<\/p>\n<p>336. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 338(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b) and (5) of section 338, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than &#8211;<\/p>\n<p>(I)125 square metres, or<\/p>\n<p>(II)as respects expenditure incurred before the 26th day of January, 1994, 90 square metres,<\/p>\n<p>in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant expenditure&#8221; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221; means a building in the Temple Bar Area &#8211;<\/p>\n<p>(a)in which before the refurbishment to which the relevant expenditure relates there are 2 or more houses, and<\/p>\n<p>(b)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) 2 or more houses.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 338(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 338(7) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 338(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 338(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 338(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 338(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)This section shall apply as if a deduction given to a person under section 23 of the Finance Act, 1981, by virtue of section 21 of the Finance Act, 1985, as applied by section 57 of the Finance Act, 1991 (in so far as that section applied to the Temple Bar Area), were a deduction given to such person under this section in respect of relevant expenditure incurred in the qualifying period in relation to a house which is a qualifying premises.<\/p>\n<p>(11)Section 338 shall apply for the purposes of supplementing this section.<\/p>\n<p>337. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual in the qualifying period on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, in relation to an individual, means a qualifying premises which is wholly within the Temple Bar Area and is first used, after the qualifying expenditure has been incurred, by the individual as his or her only or main residence;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 338, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<\/p>\n<p>(c)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than &#8211;<\/p>\n<p>(I)125 square metres, or<\/p>\n<p>(II)as respects expenditure incurred before the 12th day of April, 1995, on the construction of a house, and expenditure incurred before the 26th day of January, 1994, on the refurbishment of a house, 90 square metres,<\/p>\n<p>in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres.<\/p>\n<p>(2)Where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 expenditure was incurred 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 &#8211;<\/p>\n<p>(a)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 5 per cent of the amount of that expenditure, or<\/p>\n<p>(b)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; and &#8220;7.4 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; and &#8220;2.6 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively.<\/p>\n<p>(3)For the purposes of this section, where qualifying expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, such expenditure shall be deemed to include the lesser of &#8211;<\/p>\n<p>(a)any expenditure incurred on the purchase of the qualifying premises, other than expenditure incurred on the acquisition of, or of rights in or over, any land, and<\/p>\n<p>(b)an amount equal to the value of the qualifying premises as on the 1st day of January, 1991, other than any amount of such value as is attributable to, or to rights in or over, any land,<\/p>\n<p>if the expenditure referred to in paragraph (a) or the amount referred to in paragraph (b), as the case may be, is not greater than the amount of the qualifying expenditure actually incurred in the qualifying period on the refurbishment of the qualifying premises.<\/p>\n<p>(4)Where the 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.<\/p>\n<p>(5)This section shall apply as if a deduction given to an individual for any year of assessment under section 44 of the Finance Act, 1986, as applied by section 55 of the Finance Act, 1991, were a deduction given to the individual under this section in respect of qualifying expenditure.<\/p>\n<p>(6)Section 338 shall apply for the purposes of supplementing this section.<\/p>\n<p>338. Provisions supplementary to sections 334 to 337.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 334 to 337 &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 334, 335, 336 or 337, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;, &#8220;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 334, 335 or 336 if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 334, 335 or 336 if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 334(2), 335(4) or 336(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 334 or, in so far as it applies to expenditure other than expenditure on refurbishment, section 337 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 335 or 336 or, in so far as it applies to expenditure on refurbishment, section 337 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 334, 335, 336 or 337 unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)For the purposes of sections 334 to 337, references in those sections to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 334(2), 335(4), 336(2) or 337(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises which was actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(c)Nothing in this subsection shall affect the operation of section 337(3).<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of sections 334 and 335 other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 336 other than the purposes mentioned in subsection (7)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 337 other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)For the purposes of sections 335 and 336, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(10)Section 555 shall apply as if a deduction under section 334(2), 335(4) or 336(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 334(5), 335(7) or 336(5), as the case may be, were a balancing charge.<\/p>\n<p>(11)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 334, 335, 336 or 337 (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<h4>Chapter 3 Designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas (ss. 339-350A)<\/h4>\n<p>339. Interpretation (Chapter 3).<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;designated area&#8221; and &#8220;designated street&#8221; mean respectively an area or areas or a street or streets specified as a designated area or a designated street, as the case may be, by order under section 340;<\/p>\n<p>&#8220;enterprise area&#8221; means &#8211;<br \/>\n(a)an area or areas specified as an enterprise area by order under section 340, or<br \/>\n(b)an area or areas described in Schedule 7;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;, &#8220;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221;, 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;<\/p>\n<p>&#8220;qualifying period&#8221; means &#8211;<br \/>\n(a)subject to subsection (2) and section 340 and other than for the purposes of section 344, the period commencing on the 1st day of August, 1994, and ending on the 31st day of July, 1997, or<br \/>\n(b)in respect of an area or areas described in Schedule 7, the period commencing on the 1st day of July, 1997, and ending on the 31st day of December, 1999;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building or structure and other than for the purposes of sections 348 and 349, 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;<\/p>\n<p>&#8220;the relevant local authority&#8221;, in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a building or structure to which paragraph (a) or (e) of subsection (2) applies, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the qualifying premises is situated;<\/p>\n<p>&#8220;street&#8221; includes part of a street and the whole or part of any road, square, quay or lane.<\/p>\n<p>(2)<\/p>\n<p>(a)Where in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a building or structure which is &#8211;<\/p>\n<p>(i)to be an industrial building or structure to which section 341 applies,<\/p>\n<p>(ii)a qualifying premises within the respective meanings assigned in sections 342, 345 (other than a building or structure to which paragraph (a)(v) of that meaning in that section applies), 346, 347, 348 and 349, or<\/p>\n<p>(iii)a qualifying building within the meaning of section 343,<\/p>\n<p>the relevant local authority gives a certificate in writing, on or before the 30th day of September, 1997, to the person constructing, converting or refurbishing, as the case may be, such a building or structure stating that it is satisfied that not less than 15 per cent of the total cost of the building or structure had been incurred before the 31st day of July, 1997, then, the reference in paragraph (a) of the definition of &#8220;qualifying period&#8221; in subsection (1) to the period ending on the 31st day of July, 1997, shall be construed as a reference to the period ending on the 31st day of July, 1998.<\/p>\n<p>(b)In considering whether to give a certificate referred to in paragraph (a), the relevant local authority shall have regard only to the guidelines in relation to the giving of such certificates entitled &#8220;Extension from 31 July, 1997, to 31 July, 1998, of the time limit for qualifying expenditure on developments&#8221; issued by the Department of the Environment on the 28th day of January, 1997.<\/p>\n<p>(c)Where in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a building or structure to which paragraph (a) relates-<\/p>\n<p>(i)the relevant local authority has given to the person constructing, converting or refurbishing, as the case may be, that building or structure, a certificate in writing to which that paragraph refers certifying that not less than 15 per cent of the total cost of the building or structure had been incurred before the 31st day of July, 1997, and<\/p>\n<p>(ii)an application for planning permission for the work represented by the expenditure incurred or to be incurred on the building or structure had (in so far as such permission is required) been received by a planning authority not later than the 1st day of March, 1998, and<\/p>\n<p>(iii)where the expenditure to be incurred on a building or structure has not been fully incurred by the 31st day of July, 1998, the relevant local authority gives a certificate in writing to the person referred to in subparagraph (i) stating that in its opinion-<\/p>\n<p>(I)that person had, on the 31st day of July, 1997, a reasonable expectation that the expenditure to be incurred on the building or structure would have been incurred in full on or before the 31st day of July, 1998, and<\/p>\n<p>(II)the failure to incur that expenditure in full on or before the 31st day of July, 1998, was, on the basis of reasons of a bona fide character stated to it, due, to a significant extent, to a delay outside the direct control of that person, including an unanticipated delay in obtaining the grant of planning permission or a fire certificate, an unanticipated delay due to legal proceedings or unanticipated difficulties in completing the acquisition of a site or involving the failure of a building contractor to fulfil his or her obligations or the need to respect any archaeological site or remains,<\/p>\n<p>then, the reference in paragraph (a) of the definition of &#8220;qualifying period&#8221; to the period ending on the 31st day of July, 1997, shall be construed as a reference to the period ending on the 31st day of December, 1998.<\/p>\n<p>(d)Where, in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a building or structure which complies with the requirements of subparagraphs (i), (ii) and (iii) of paragraph (c), being a qualifying premises within the meaning of section 346, 347, 348 or 349, where<\/p>\n<p>(i)the expenditure to be incurred on the house has not been fully incurred by the 31st day of December, 1998, and<\/p>\n<p>(ii)the relevant local authority gives a certificate in writing on or before the 28th day of February, 1999, to the person constructing, converting or refurbishing, as the case may be, the house stating that it is satisfied that not less than 50 per cent of the total cost of the house and the site thereof had been incurred on or before the 31st day of December, 1998,<\/p>\n<p>then, the reference in paragraph (a) of the definition of &#8220;qualifying period&#8221; in subsection (1) to the period ending on the 31st day of July, 1997, shall be construed as a reference to the period ending on the 30th day of April, 1999.<\/p>\n<p>(e)<\/p>\n<p>(i)Where, in relation to the construction or refurbishment of a qualifying building within the meaning of section 343, the relevant local authority gives a certificate in writing on or before 31 May 2000 to the person constructing or refurbishing the qualifying building stating that it is satisfied that not less than 50 per cent of the total cost of the qualifying building and the site thereof had been incurred on or before 31 December 1999, then the reference in paragraph (b) of the definition of &#8220;qualifying period&#8221; in subsection (1) to the period ending on the 31st day of December, 1999, shall be construed as a reference to the period ending on 31 December 2000.<\/p>\n<p>(ii)In considering whether to give such a certificate, the relevant local authority shall have regard only to guidelines in relation to the giving of such certificates issued by the Department of the Environment and Local Government.<\/p>\n<p>(3)Schedule 7 shall apply for the purposes of supplementing this Chapter.<\/p>\n<p>340. Designated areas, designated streets and enterprise areas.<br \/>\n(1)The Minister for Finance may, after consultation with the Minister for the Environment and Local Government, by order direct that &#8211;<\/p>\n<p>(a)the area or areas, or street or streets, described in the order shall be a designated area, a designated street or, as the case may be, an enterprise area for the purposes of this Chapter, and<\/p>\n<p>(b)as respects any such area or any such street so described, the definition of &#8220;qualifying period&#8221; in section 339 shall be construed as a reference to such period as shall be specified in the order in relation to that area or, as the case may be, that street; but no such period specified in the order shall commence before the 1st day of August, 1994, or end after the 31st day of July, 1997, or, as the case may be, after the day to which the reference to the 31st day of July, 1997, is, by virtue of section 339(2), to be construed.<\/p>\n<p>(2)The Minister for Finance may, after consultation with the Minister for Public Enterprise and following receipt of a proposal from or on behalf of a company intending to carry on qualifying trading operations (within the meaning of section 343) in an area or areas immediately adjacent to any of the airports commonly known as &#8211;<\/p>\n<p>(a)Cork Airport,<\/p>\n<p>(b)Donegal Airport,<\/p>\n<p>(c)Galway Airport,<\/p>\n<p>(d)Kerry Airport,<\/p>\n<p>(e)Knock International Airport,<\/p>\n<p>(f)Sligo Airport, or<\/p>\n<p>(g)Waterford Airport,<\/p>\n<p>being a company which, if those trading operations were to be carried on in an area which apart from this subsection would be an enterprise area, would be a qualifying company (within the meaning of section 343), by order direct that &#8211;<\/p>\n<p>(i)the area or areas described in the order shall be an enterprise area for the purposes of this Chapter, and<\/p>\n<p>(ii)as respects any such area so described in the order, the reference in paragraph (a) of the definition of &#8220;qualifying period&#8221; in section 339(1) to the period commencing on the 1st day of August, 1994, and ending on the 31st day of July, 1997, shall be construed as a reference to such period as shall be specified in the order in relation to that area, but no such period specified in the order shall commence before 1 August 1994 or end after &#8211;<\/p>\n<p>(I)31 December 1999, or<\/p>\n<p>(II)31 December 2000, where in relation to the construction or refurbishment of a qualifying building within the meaning of section 343, the relevant local authority gives a certificate in writing on or before 31 May 2000 to the person constructing or refurbishing the qualifying building stating that it is satisfied that not less than 50 per cent of the total cost of the qualifying building and the site thereof had been incurred on or before 31 December 1999 and, in considering whether to give such a certificate, the relevant local authority shall have regard only to guidelines in relation to the giving of such certificates issued by the Department of the Environment and Local Government.<\/p>\n<p>(3)Every order made by the Minister for Finance under subsection (1) or (2) shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>341. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\n(1)This section shall apply to a building or structure the site of which is wholly within a designated area, or which fronts on to a designated street, and which is to be an industrial building or structure by reason of its use for a purpose specified in section 268 (1)(a).<\/p>\n<p>(2)Subject to subsection (4), section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsection (3) of that section were deleted,<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 25 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(e)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted.<\/p>\n<p>(3)Subject to subsection (4), section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(c)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(4)<\/p>\n<p>(a)In the case of an industrial building or structure which fronts on to a designated street, subsections (2) and (3) shall apply only in relation to capital expenditure incurred in the qualifying period on the refurbishment of the industrial building or structure and only if the following conditions are satisfied &#8211;<\/p>\n<p>(i)that the industrial building or structure was comprised in an existing building or structure (in this subsection referred to as &#8220;the existing building&#8221;) on the 1st day of August, 1994, which fronts on to the designated street, and<\/p>\n<p>(ii)that, apart from the capital expenditure incurred in the qualifying period on the refurbishment of the industrial building or structure, expenditure is incurred on the existing building which is &#8211;<\/p>\n<p>(I)conversion expenditure within the meaning of section 347,<\/p>\n<p>(II)relevant expenditure within the meaning of section 348, or<\/p>\n<p>(III)qualifying expenditure within the meaning of section 349 (being qualifying expenditure on refurbishment within the meaning of that section),<\/p>\n<p>and in respect of which a deduction has been given, or would on due claim being made be given, under section 347, 348 or 349, as the case may be.<\/p>\n<p>(b)Notwithstanding paragraph (a), subsections (2) and (3) shall not apply in relation to so much (if any) of the capital expenditure incurred in the qualifying period on the refurbishment of the industrial building or structure as exceeds the amount of the deduction, or the aggregate amount of the deductions, which has been given, or which would on due claim being made be given, under section 347, 348 or 349, as the case may be, in respect of the conversion expenditure, the relevant expenditure or, as the case may be, the qualifying expenditure.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a building or structure to which this section applies by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the building or structure was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the building or structure was incurred.<\/p>\n<p>(6)For the purposes only of determining, in relation to a claim for an allowance under section 271 or 273 as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, the refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>342. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\n(1)<\/p>\n<p>(a)In this section, &#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within a designated area, or which fronts on to a designated street, and which &#8211;<\/p>\n<p>(i)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(ii)<\/p>\n<p>(I)is in use for the purposes of a trade or profession, or<\/p>\n<p>(II)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house or an office.<\/p>\n<p>(b)Notwithstanding paragraph (a) &#8211;<\/p>\n<p>(i)in relation to a building or structure no part of the site of which is within any one of the county boroughs of Dublin, Cork, Limerick, Galway or Waterford, paragraph (a) shall be construed as if &#8220;or an office&#8221; were deleted;<\/p>\n<p>(ii)where, in relation to a building or structure any part of the site of which is within any one of the county boroughs of Dublin, Cork, Limerick, Galway or Waterford, any part (in this paragraph referred to as &#8220;the specified part&#8221;) of the building or structure is not a qualifying premises and &#8211;<\/p>\n<p>(I)the specified part is in use as, or as part of, an office, and<\/p>\n<p>(II)the capital expenditure incurred in the qualifying period on the construction or refurbishment of the specified part is not more than 10 per cent of the total capital expenditure incurred in that period on the construction or refurbishment of the building or structure,<\/p>\n<p>then, the specified part shall be treated as a qualifying premises.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) to (6), the provisions of the Tax Acts (other than section 341) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268 (1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)<\/p>\n<p>(a)In the case of a qualifying premises which fronts on to a designated street, subsection (2) shall apply only in relation to capital expenditure incurred in the qualifying period on the refurbishment of the qualifying premises and only if the following conditions are satisfied &#8211;<\/p>\n<p>(i)that the qualifying premises were comprised in an existing building or structure (in this subsection referred to as &#8220;the existing building&#8221;) on the 1st day of August, 1994, which fronts on to the designated street, and<\/p>\n<p>(ii)that, apart from the capital expenditure incurred in the qualifying period on the refurbishment of the qualifying premises, expenditure is incurred on the existing building which is &#8211;<\/p>\n<p>(I)conversion expenditure within the meaning of section 347,<\/p>\n<p>(II)relevant expenditure within the meaning of section 348, or<\/p>\n<p>(III)qualifying expenditure within the meaning of section 349 (being qualifying expenditure on refurbishment within the meaning of that section),<\/p>\n<p>and in respect of which a deduction has been given, or would on due claim being made be given, under section 347, 348 or 349, as the case may be.<\/p>\n<p>(b)Notwithstanding paragraph (a), subsection (2) shall not apply in relation to so much (if any) of the capital expenditure incurred in the qualifying period on the refurbishment of the qualifying premises as exceeds the amount of the deduction, or the aggregate amount of the deductions, which has been given, or which would on due claim being made be given, under section 347, 348 or 349, as the case may be, in respect of the conversion expenditure, the relevant expenditure or, as the case may be, the qualifying expenditure.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(ii)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(6)<\/p>\n<p>(a)Notwithstanding subsections (2) to (5), any allowance or charge which apart from this subsection would be made by virtue of subsection (2) in respect of capital expenditure incurred on the construction or refurbishment of a qualifying premises shall be reduced to one-half of the amount which apart from this subsection would be the amount of that allowance or charge.<\/p>\n<p>(b)For the purposes of paragraph (a), the amount of an allowance or charge to be reduced to one-half shall be computed as if &#8211;<\/p>\n<p>(i)this subsection had not been enacted, and<\/p>\n<p>(ii)effect had been given to all allowances taken into account in so computing that amount.<\/p>\n<p>(c)Nothing in this subsection shall affect the operation of section 274(8).<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>343. Capital allowances in relation to construction or refurbishment of certain buildings or structures in enterprise areas.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;property developer&#8221; 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;<\/p>\n<p>&#8220;the Minister&#8221;, except where the context otherwise requires, means the Minister for Enterprise, Trade and Employment;<\/p>\n<p>&#8220;qualifying building&#8221; means a building or structure the site of which is wholly within an enterprise area and which is in use for the purposes of the carrying on of qualifying trading operations by a qualifying company, but does not include any part of a building or structure in use as or as part of a dwelling house;<\/p>\n<p>&#8220;qualifying company&#8221; means a company &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)which has been approved for financial assistance under a scheme administered by Forf\u00e1s, Enterprise Ireland, the Industrial Development Agency (Ireland) or \u00fadar\u00e1s na Gaeltachta, or<\/p>\n<p>(ii)which is engaged in a qualifying trading operation within the meaning of paragraph (c) of the definition of &#8220;qualifying trading operations&#8221;,<\/p>\n<p>and<\/p>\n<p>(b)to which the Minister has given a certificate under subsection (2) which has not been withdrawn in accordance with subsection (5) or (6);<\/p>\n<p>&#8220;qualifying trading operations&#8221; means &#8211;<\/p>\n<p>(a)the manufacture of goods within the meaning of Part 14, or<\/p>\n<p>(b)the rendering of services in the course of a service industry (within the meaning of the Industrial Development Act, 1986).<\/p>\n<p>(2)Subject to subsection (4), the Minister may &#8211;<\/p>\n<p>(a)on the recommendation of Forf\u00e1s (in conjunction with Enterprise Ireland, the Industrial Development Agency (Ireland) or \u00fadar\u00e1s na Gaeltachta, as may be appropriate, or the Minister for Public Enterprise in the case of a company to which paragraph (a) (ii) of the definition of &#8220;qualifying company&#8221; refers) in accordance with guidelines laid down by the Minister, and<\/p>\n<p>(b)following consultation with the Minister for Finance,<\/p>\n<p>give a certificate to a company certifying that the company is, with effect from a date to be specified in the certificate, to be treated as a qualifying company for the purposes of this section.<\/p>\n<p>(3)A certificate under subsection (2) may be given either without conditions or subject to such conditions as the Minister considers proper and specifies in the certificate.<\/p>\n<p>(4)The Minister shall not certify under subsection (2) that a company is a qualifying company for the purposes of this section unless &#8211;<\/p>\n<p>(a)the company is carrying on or intends to carry on qualifying trading operations in an enterprise area, and<\/p>\n<p>(b)the Minister is satisfied that the carrying on by the company of such trading operations will contribute to the balanced development of the enterprise area.<\/p>\n<p>(5)Where, in the case of a company in relation to which a certificate under subsection (2) has been given &#8211;<\/p>\n<p>(a)the company ceases to carry on or, as the case may be, fails to commence to carry on qualifying trading operations in the enterprise area, or<\/p>\n<p>(b)the Minister is satisfied that the company has failed to comply with any condition subject to which the certificate was given,<\/p>\n<p>the Minister may, by notice in writing served by registered post on the company, revoke the certificate with effect from such date as may be specified in the notice.<\/p>\n<p>(6)Where, in the case of a company in relation to which a certificate under subsection (2) has been given, the Minister is of the opinion that any activity of the company has had or may have an adverse effect on the use or development of the enterprise area or is otherwise inimical to the balanced development of the enterprise area, then &#8211;<\/p>\n<p>(a)the Minister may, by notice in writing served by registered post on the company, require the company to desist from such activity with effect from such date as may be specified in the notice, and<\/p>\n<p>(b)if the Minister is not satisfied that the company has complied with the requirements of the notice, the Minister may, by a further notice in writing served by registered post on the company, revoke the certificate with effect from such date as may be specified in the further notice.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to subsections (8), (9) and (11), the provisions of the Tax Acts (other than section 341) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply as if a qualifying building were, at all times at which it is a qualifying building, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268 (1) (a).<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying building only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(8)For the purposes of the application, by subsection (7), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying building &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance, in the case of a qualifying building (within the meaning of section 343(1)), shall be of an amount equal to &#8211;<\/p>\n<p>(a)25 per cent, or<\/p>\n<p>(b)in the case of such a building the site of which is wholly within an area described in an order referred to in section 340(2) (i), 50 per cent,<\/p>\n<p>of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(iii)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(9)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying building by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying building was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying building was incurred.<\/p>\n<p>(10)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (7), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying building is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the building actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(11)Notwithstanding the preceding provisions of this section, this section shall not apply in respect of expenditure incurred on the construction or refurbishment of a qualifying building, the site of which is wholly within an area described in an order referred to in section 340(2)(i) &#8211;<\/p>\n<p>(a)where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(b)either the person referred to in paragraph (a) or a person connected (within the meaning of section 10) with that person incurred the expenditure on the construction or refurbishment of the qualifying building concerned.<\/p>\n<p>344. Capital allowances in relation to construction or refurbishment of certain multi-storey car parks.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;multi-storey car park&#8221; means a building or structure consisting of 2 or more storeys wholly in use for the purpose of providing, for members of the public generally without preference for any particular class of person, on payment of an appropriate charge, parking space for mechanically propelled vehicles;<\/p>\n<p>&#8220;qualifying multi-storey car park&#8221; means a multi-storey car park in respect of which the relevant local authority gives a certificate in writing to the person providing the multi-storey car park stating that it is satisfied that the multi-storey car park has been developed in accordance with criteria laid down by the Minister for the Environment and Local Government following consultation with the Minister for Finance;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the 1st day of July, 1995, and ending on &#8211;<\/p>\n<p>(a)the 30th day of June, 1998, or<\/p>\n<p>(b)30 September 1999, where, in relation to the construction or refurbishment of the qualifying multi-storey car park concerned, the relevant local authority gives a certificate in writing on or before the 30th day of September, 1998, to the person constructing or refurbishing the qualifying multi-storey car park stating that it is satisfied that not less than 15 per cent of the total cost of the qualifying multi-storey car park and the site thereof had been incurred prior to the 1st day of July, 1998, and, in considering whether to give such a certificate, the relevant local authority shall have regard only to guidelines in relation to the giving of such certificates issued by the Department of the Environment and Local Government for the purposes of this definition, or<\/p>\n<p>(c)31 December 2006, where, in relation to the construction or refurbishment of the qualifying multi-storey car park concerned (not being a qualifying multi-storey car park any part of the site of which is within either of the county boroughs of Cork or Dublin), the relevant local authority gives a certificate in writing on or before 31 December 2003 to the person constructing or refurbishing the qualifying multi-storey car park stating that it is satisfied that not less than 15 per cent of the total cost of the qualifying multi-storey car park and the site thereof had been incurred on or before 30 September 2003 and, in considering whether to give such a certificate, the relevant local authority shall have regard only to guidelines in relation to the giving of such certificates issued by the Department of the Environment and Local Government for the purposes of this definition, or<\/p>\n<p>(d)31 July 2008, where in relation to the construction or refurbishment of the qualifying multi-storey car park &#8211;<\/p>\n<p>(i) the relevant local authority has issued the certificate referred to in paragraph (c) on or before 31 December 2003, and<\/p>\n<p>(ii)<\/p>\n<p>(I)the person who is constructing or refurbishing the qualifying multi-storey car park 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 qualifying multi-storey car park, and<\/p>\n<p>(II)the person referred to in clause (I) or, where the qualifying multi-storey car park 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 clause (I) was satisfied;<\/p>\n<p>&#8220;the relevant local authority&#8221;, in relation to the construction or replacement of a multi-storey car park, means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the multi-storey car park is situated.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) to (6A) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6) and 316(2B), the provisions of the Tax Acts (other than section 341) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply as if a qualifying multi-storey car park were, at all times at which it is a qualifying multi-storey car park, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a).<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying multi-storey car park only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)In a case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying multi-storey car park, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 20 per cent of the market value of the qualifying multi-storey car park immediately before that expenditure is incurred.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying multi-storey car park &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section, the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(ii)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying multi-storey car park by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying multi-storey car park was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the multi-storey car park was incurred.<\/p>\n<p>(6)<\/p>\n<p>(a)Notwithstanding subsections (2) to (5), any allowance or charge which apart from this subsection would be made by virtue of subsection (2) in respect of capital expenditure incurred on the construction or refurbishment of a qualifying multi-storey car park shall be reduced to one-half of the amount which apart from this subsection would be the amount of that allowance or charge.<\/p>\n<p>(b)For the purposes of paragraph (a), the amount of an allowance or charge to be reduced to one-half shall be computed as if &#8211;<\/p>\n<p>(i)this subsection had not been enacted, and<\/p>\n<p>(ii)effect had been given to all allowances taken into account in so computing that amount.<\/p>\n<p>(c)Nothing in this subsection shall affect the operation of section 274(8).<\/p>\n<p>(6A)Subsection (6) shall apply and have effect as respects capital expenditure referred to in subsection (2)(b), which is incurred after the 31st day of July, 1998, only if a qualifying lease, within the meaning of section 345, is granted in respect of the qualifying multi-storey car park in respect of which that expenditure is incurred.<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying multi-storey car park is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the qualifying multi-storey car park actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)Where by virtue of subsection (2) an allowance is given under Chapter 1 of Part 9 in respect of capital expenditure incurred on the construction or refurbishment of a qualifying multi-storey car park, no allowance shall be given in respect of that expenditure under that Chapter by virtue of any other provision of the Tax Acts.<\/p>\n<p>345. Double rent allowance in respect of rent paid for certain business premises.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsections (1A) and (8), a lease in respect of a qualifying premises granted in the qualifying period, or within the period of one year from the day next after the end of the qualifying period, on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease but, notwithstanding the foregoing, a lease which would otherwise be a qualifying lease shall not be such a lease if granted in respect of a building or structure within the meaning of paragraph (a)(iii) of the definition of &#8220;qualifying premises&#8221; the site of which is wholly within an area &#8211;<\/p>\n<p>(a)described in an order referred to in section 340(1)(a), if the lease is granted on or after the 31st day of July, 1999, or<\/p>\n<p>(b)described in Schedule 7, if the lease is granted on or after the 31st day of December, 1999, or<\/p>\n<p>(c)described in an order referred to in section 340(2)(i), irrespective of the date of the granting of the lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsection (5)(a), a building or structure &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)the site of which is wholly within a designated area and which is a building or structure in use for a purpose specified in section 268(1)(a), and in respect of which capital expenditure is incurred in the qualifying period for which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under section 271 or 273, as applied by section 341,<\/p>\n<p>(ii)the site of which is wholly within a designated area and in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 342,<\/p>\n<p>(iii)the site of which is wholly within an enterprise area and in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 343,<\/p>\n<p>(iv)the site of which is wholly within a designated area and which is a building or structure in use for the purposes specified in section 268(1)(d), and in respect of the construction or refurbishment of which capital expenditure is incurred in the qualifying period for which an allowance would but for subsection (6) be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9, or<\/p>\n<p>(v)in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 344,<\/p>\n<p>and<\/p>\n<p>(b)which is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure in respect of which an allowance is to be made, or will by virtue of section 279 be made, or in respect of which an allowance would but for subsection (6) be made, for the purposes of income tax or corporation tax, as the case may be, under any of the provisions referred to in paragraph (a), the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(1A)Notwithstanding any other provision of this Chapter, including this section, &#8220;qualifying period&#8221; for the purposes of this section in the case of a building or structure within the meaning of paragraph (a)(v) of the definition of &#8220;qualifying premises&#8221; in subsection (1) means the period commencing on the 1st day of August, 1994, and ending on &#8211;<\/p>\n<p>(a)the 31st day of July, 1997, or<\/p>\n<p>(b)the 30 September 1998, where, in relation to the construction or refurbishment of the qualifying multi-storey car park concerned, the relevant local authority has certified in accordance with the requirements of paragraph (b) of the definition of &#8220;qualifying period&#8221; in section 344(1).<\/p>\n<p>(2)For the purposes of this section, so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(a)10 years, or<\/p>\n<p>(b)the period by which 10 years exceeds &#8211;<\/p>\n<p>(i)any preceding period, or<\/p>\n<p>(ii)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable by that person or any other person in relation to that premises under a qualifying lease.<\/p>\n<p>(3)Subject to subsection (4), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person for a relevant rental period in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but, as respects a qualifying lease granted on or after the 21st day of April, 1997, where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(4)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of the qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(5)<\/p>\n<p>(a)A building or structure in use for the purposes specified in section 268(1)(d) shall not be a qualifying premises for the purposes of this section unless the person to whom an allowance under Chapter 1 of Part 9 would but for subsection (6) be made for the purposes of income tax or corporation tax, as the case may be, in respect of the capital expenditure incurred in the qualifying period on the construction or refurbishment of the building or structure elects by notice in writing to the appropriate inspector (within the meaning of section 950) to disclaim all allowances under that Chapter in respect of that capital expenditure.<\/p>\n<p>(b)An election under paragraph (a) shall be included in the return required to be made by the person concerned under section 951 for the first year of assessment or the first accounting period, as the case may be, for which an allowance would but for subsection (6) have been made to that person under Chapter 1 of Part 9 in respect of that capital expenditure.<\/p>\n<p>(c)An election under paragraph (a) shall be irrevocable.<\/p>\n<p>(d)A person who has made an election under paragraph (a) shall furnish a copy of that election to any person (in this paragraph referred to as &#8220;the second-mentioned person&#8221;) to whom the person grants a qualifying lease in respect of the qualifying premises, and the second-mentioned person shall include the copy in the return required to be made by the second-mentioned person under section 951 for the year of assessment or accounting period, as the case may be, in which rent is first payable by the second-mentioned person under the qualifying lease in respect of the qualifying premises.<\/p>\n<p>(6)Where a person who has incurred capital expenditure in the qualifying period on the construction or refurbishment of a building or structure in use for the purposes specified in section 268(1)(d) makes an election under subsection (5)(a), then, notwithstanding any other provision of the Tax Acts &#8211;<\/p>\n<p>(a)no allowance under Chapter 1 of Part 9 shall be made to the person in respect of that capital expenditure,<\/p>\n<p>(b)on the occurrence, in relation to the building or structure, of any of the events referred to in section 274(1), the residue of expenditure (within the meaning of section 277) in relation to that capital expenditure shall be deemed to be nil, and<\/p>\n<p>(c)section 279 shall not apply in the case of any person who buys the relevant interest (within the meaning of section 269) in the building or structure.<\/p>\n<p>(7)For the purposes of determining, in relation to paragraph (a)(iv) of the definition of &#8220;qualifying premises&#8221; and subsections (5) and (6), whether and to what extent capital expenditure incurred on the construction or refurbishment of a building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the building or structure actually carried out in the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>346. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 350(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(a), (4)(c) and (5) of section 350, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a designated area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than &#8211;<\/p>\n<p>(I)125 square metres, or<\/p>\n<p>(II)as respects expenditure incurred before the 12th day of April, 1995, 90 square metres,<\/p>\n<p>in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres;<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (3), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 350(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 350(7) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 350 (7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 350(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 350(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of the trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 350 shall apply for the purposes of supplementing this section.<\/p>\n<p>347. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a designated area, or which fronts on to a designated street, and<\/p>\n<p>(ii)which has not been previously in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a designated area, or which fronts on to a designated street, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 350 to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 350(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b), (4)(c) and (5) of section 350, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 350(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 350(7) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 350(7) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 350(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 350(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 350(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(11)Section 350 shall apply for the purposes of supplementing this section.<\/p>\n<p>348. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 350(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b), (4)(c) and (5) of section 350, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8220;relevant expenditure&#8221; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221; means a building &#8211;<\/p>\n<p>(a)the site of which is wholly within a designated area, or which fronts on to a designated street,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there are 2 or more houses, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) 2 or more houses.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 350(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 350(7) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 350(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 350(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 350(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 350(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 350 shall apply for the purposes of supplementing this section.<\/p>\n<p>349. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, 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;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 350, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a designated area, or which fronts on to a designated street,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<\/p>\n<p>(d)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than &#8211;<\/p>\n<p>(I)125 square metres, or<\/p>\n<p>(II)as respects expenditure incurred before the 12th day of April, 1995, on the construction of a house, 90 square metres,<\/p>\n<p>in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres;<\/p>\n<p>&#8220;refurbishment&#8221; has the same meaning as in section 348.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsection (3), where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 5 per cent of the amount of that expenditure, or<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(b)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 350(7) as having been incurred in the qualifying period.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; and &#8220;7.4 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; and &#8220;2.6 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively.<\/p>\n<p>(3)Notwithstanding subsection (2), where qualifying expenditure has been incurred in relation to a qualifying premises which fronts on to a designated street, a deduction shall be given under this section only if that expenditure has been incurred on the refurbishment of the qualifying premises.<\/p>\n<p>(4)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.<\/p>\n<p>(5)Section 350 shall apply for the purposes of supplementing this section.<\/p>\n<p>350. Provisions supplementary to sections 346 to 349.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 346 to 349 &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 346, 347, 348 or 349, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 346, 347 or 348 if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 346, 347 or 348 if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 346(2), 347(4) or 348(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 346 or, in so far as it applies to expenditure other than expenditure on refurbishment, section 349 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 347 or 348 or, in so far as it applies to expenditure on refurbishment, section 349 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(c)A house shall not be a qualifying premises for the purposes of section 346, 347, 348 or 349 unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister for the Environment and Local Government, with the consent of the Minister for Finance, for the purposes of furthering the objectives of the Urban Renewal Act, 1986, and, without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following &#8211;<\/p>\n<p>(i)the design and the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, houses,<\/p>\n<p>(ii)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister for the Environment and Local Government,<\/p>\n<p>(iii)the provision of ancillary facilities and amenities in relation to houses, and<\/p>\n<p>(iv)the balance to be achieved between houses of different types and sizes within a single development of 2 or more houses or within such a development and its general vicinity having regard to the housing existing or proposed in that vicinity.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 346, 347, 348 or 349 unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)For the purposes of sections 346 to 349, references in those sections to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 346(2), 347(4), 348(2) or 349(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of sections 346 and 347 other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 348 other than the purposes mentioned in subsection (7)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 349 other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)For the purposes of sections 346 to 348, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(10)Section 555 shall apply as if a deduction under section 346(2), 347(4) or 348(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 346(5), 347(7) or 348(5), as the case may be, were a balancing charge.<\/p>\n<p>(11)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 346, 347, 348 or 349 (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<p>350A. Provision against double relief.<br \/>\nWhere relief is given by virtue of any provision of this Chapter in relation to capital expenditure or other expenditure incurred on, or rent payable in respect of, any building or structure, premises or multi-storey car park, relief shall not be given in respect of that expenditure or that rent under any other provision of the Tax Acts.<\/p>\n<h4>Chapter 4 Qualifying resort areas (ss. 351-359)<\/h4>\n<p>351. Interpretation (Chapter 4).<br \/>\nIn this Chapter &#8211;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221;, in relation to a building or structure, means the price which the unencumbered fee simple of the building or structure 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 or structure, 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 or structure is constructed;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the 1st day of July, 1995, and ending on &#8211;<br \/>\n(a)the 30th day of June, 1998, or<br \/>\n(b)the 31st day of December, 1999, where, in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of the building or structure concerned, being &#8211;<br \/>\n(i)a building or structure to which section 352 applies, or<br \/>\n(ii)a qualifying premises within the meaning of section 353, 354, 356, 357 or 358,<br \/>\nthe relevant local authority gives a certificate in writing, on or before the 30th day of September, 1999, to the person constructing, converting or refurbishing, as the case may be, the building or structure stating that it is satisfied that not less than 50 per cent of the total cost of the building or structure and the site thereof had been incurred on or before the 30th day of June, 1999, and, in considering whether to give such a certificate, the relevant local authority shall have regard only to guidelines in relation to the giving of such certificates issued by the Department of the Environment and Local Government for the purposes of this definition;<\/p>\n<p>&#8220;qualifying resort area&#8221; means any area described in Schedule 8;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building or structure and other than for the purposes of section 358, 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;<\/p>\n<p>&#8220;the relevant local authority&#8221;, in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a building or structure of the kind referred to in paragraph (b) of the definition of &#8220;qualifying period&#8221;, means the council of a county or the corporation of a county or other borough or, where appropriate, the urban district council, in whose functional area the building or structure is situated.<\/p>\n<p>&nbsp;<\/p>\n<p>352. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\n(1)This section shall apply to a building or structure the site of which is wholly within a qualifying resort area and which is to be an industrial building or structure by reason of its use for the purposes specified in section 268(1)(d).<\/p>\n<p>(2)Subject to subsection (5), section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsection (3) of that section were deleted,<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(e)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted.<\/p>\n<p>(3)Subject to subsection (5), section 272 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if the following subsection were substituted for subsection (3) of that section:<\/p>\n<p>&#8220;(3)A writing down allowance shall be of an amount equal to 5 per cent of the expenditure referred to in subsection (2)(c).&#8221;.<\/p>\n<p>(4)Subject to subsection (5), section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 75 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(c)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(5)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure to which this section applies, subsections (2) to (4) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount which is equal to 20 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(6)For the purposes only of determining, in relation to a claim for an allowance under section 271, 272 or 273, as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, the refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>353. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within a qualifying resort area and which &#8211;<\/p>\n<p>(a)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(b)is in use for the purposes of the operation of one or more qualifying tourism facilities,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house, other than a tourist accommodation facility of the type referred to in the definition of &#8220;qualifying tourism facilities&#8221;;<\/p>\n<p>&#8220;qualifying tourism facilities&#8221; means &#8211;<\/p>\n<p>(a)tourist accommodation facilities registered by the National Tourism Development Authority under Part III of the Tourist Traffic Act, 1939, or specified in a list published under section 9 of the Tourist Traffic Act, 1957, and<\/p>\n<p>(b)such other classes of facilities as may be approved of for the purposes of this section by the Minister for Tourism, Sport and Recreation in consultation with the Minister for Finance.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsections (3) to (6), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount which is equal to 20 per cent of the market value of the qualifying premises immediately before that expenditure is incurred.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271, 272 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>(b)section 272 shall apply as if the following subsection were substituted for subsection (3) of that section:<\/p>\n<p>&#8220;(3)A writing down allowance shall be of an amount equal to 5 per cent of the expenditure referred to in subsection (2)(c).&#8221;,<\/p>\n<p>and<\/p>\n<p>(c)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)the following paragraph were substituted for paragraph (b) of subsection (2) of that subsection:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed in one chargeable period or more than one such period, shall not in the aggregate exceed 75 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(iii)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(5)In the case of a qualifying premises which is such a premises by virtue of being a tourist accommodation facility of a type referred to in paragraph (a) of the definition of &#8220;qualifying tourism facilities&#8221; &#8211;<\/p>\n<p>(a)the event of the premises ceasing to be registered or specified in the manner referred to in that paragraph of that definition shall be treated as if it were an event specified in section 274(1), and<\/p>\n<p>(b)for the purposes of the application of section 274 on the occurrence of any such event, there shall, notwithstanding anything to the contrary in section 318, be treated as arising in relation to that event sale, insurance, salvage or compensation moneys in an amount equal to the aggregate of &#8211;<\/p>\n<p>(i)the residue of the expenditure (within the meaning of section 277) incurred on the construction or refurbishment of the premises immediately before that event, and<\/p>\n<p>(ii)the allowances made under Chapter 1 of Part 9 by virtue of subsection (2) in respect of the expenditure incurred on the construction or refurbishment of the premises.<\/p>\n<p>(6)Notwithstanding section 274(1), no balancing charge shall be made in relation to any qualifying premises by reason of any of the events specified, or by virtue of subsection (5) treated as specified, in section 274(1) which occurs &#8211;<\/p>\n<p>(a)more than 11 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 11 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)Where by virtue of subsection (2) an allowance is given under Chapter 1 of Part 9 in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises, relief shall not be given in respect of that expenditure under any provision of the Tax Acts other than that Chapter.<\/p>\n<p>354. Double rent allowance in respect of rent paid for certain business premises.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsection (5), a lease in respect of a qualifying premises granted in the qualifying period on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person who is entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to section 355(2), a building or structure the site of which is wholly within a qualifying resort area and &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)which is a building or structure in use for the purposes specified in section 268(1)(d), and in respect of which capital expenditure is incurred in the qualifying period for which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under section 271, 272 or 273, as applied by section 352, or<\/p>\n<p>(ii)in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 353,<\/p>\n<p>and<\/p>\n<p>(b)which is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under any of the provisions referred to in paragraph (a), the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 20 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(2)For the purposes of this section, so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(a)10 years, or<\/p>\n<p>(b)the period by which 10 years exceeds &#8211;<\/p>\n<p>(i)any preceding period, or<\/p>\n<p>(ii)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable by that person or any other person in relation to that premises under a qualifying lease.<\/p>\n<p>(3)Subject to subsection (4), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person for a relevant rental period in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but, as respects a qualifying lease granted on or after the 21st day of April, 1997, where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(4)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of the qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(5)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>355. Disclaimer of capital allowances on holiday cottages, holiday apartments, etc.<br \/>\n(1)This section shall apply to &#8211;<\/p>\n<p>(a)a building or structure to which section 352 applies by virtue of the building or structure being a holiday cottage of the type referred to in section 268(3), and<\/p>\n<p>(b)a building or structure which is a qualifying premises within the meaning of section 353 by virtue of the building or structure being &#8211;<\/p>\n<p>(i)a holiday apartment registered under Part III of the Tourist Traffic Act, 1939, or<\/p>\n<p>(ii)other self-catering accommodation specified in a list published under section 9 of the Tourist Traffic Act, 1957.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsection (5), a building or structure to which this section applies shall not be a qualifying premises for the purposes of section 354 unless the person to whom an allowance under Chapter 1 of Part 9 would but for subsection (3) be made for the purposes of income tax or corporation tax, as the case may be, in respect of the capital expenditure incurred in the qualifying period on the construction or refurbishment of the building or structure elects by notice in writing to the appropriate inspector (within the meaning of section 950) to disclaim all allowances under that Chapter in respect of that capital expenditure.<\/p>\n<p>(b)An election under paragraph (a) shall be included in the return required to be made by the person concerned under section 951 for the first year of assessment or the first accounting period, as the case may be, for which an allowance would but for subsection (3) have been made to that person under Chapter 1 of Part 9 in respect of that capital expenditure.<\/p>\n<p>(c)An election under paragraph (a) shall be irrevocable.<\/p>\n<p>(d)A person who has made an election under paragraph (a) shall furnish a copy of that election to any person (in this paragraph referred to as &#8220;the second-mentioned person&#8221;) to whom the person grants a qualifying lease (within the meaning of section 354) in respect of a building or structure to which this section applies, and the second-mentioned person shall include the copy in the return required to be made by the second-mentioned person under section 951 for the year of assessment or accounting period, as the case may be, in which rent is first payable by the second-mentioned person under the qualifying lease in respect of such a building or structure.<\/p>\n<p>(3)Subject to subsection (5), where a person who has incurred capital expenditure in the qualifying period on the construction or refurbishment of a building or structure to which this section applies makes an election under subsection (2) (a), then, notwithstanding any other provision of the Tax Acts &#8211;<\/p>\n<p>(a)no allowance under Chapter 1 of Part 9 shall be made to the person in respect of that capital expenditure,<\/p>\n<p>(b)on the occurrence, in relation to the building or structure, of any of the events referred to in section 274(1), the residue of expenditure (within the meaning of section 277) in relation to that capital expenditure shall be deemed to be nil, and<\/p>\n<p>(c)section 279 shall not apply in the case of any person who buys the relevant interest (within the meaning of section 269) in the building or structure.<\/p>\n<p>(4)Subject to subsection (5), where in the qualifying period a person incurs capital expenditure on the acquisition, construction or refurbishment of a building or structure which is or is to be a building or structure to which subsection (1)(b) applies and an allowance is to be made in respect of that expenditure under section 271 or 272, then &#8211;<\/p>\n<p>(a)neither section 305(1)(b) nor section 308(4) shall apply as respects that allowance, and<\/p>\n<p>(b)neither section 381 nor section 396(2) shall apply as respects the whole or part, as the case may be, of any loss which would not have arisen but for the making of that allowance.<\/p>\n<p>(5)This section shall not apply &#8211;<\/p>\n<p>(a)to expenditure incurred in the qualifying period on the acquisition, construction or refurbishment of a building or structure (in this subsection referred to as &#8220;the holiday cottage or apartment&#8221;) which is or is to be a building or structure to which this section applies where before the 5th day of April, 1996 &#8211;<\/p>\n<p>(i)a binding contract in writing was entered into for the acquisition or construction of the holiday cottage or apartment,<\/p>\n<p>(ii)an application for planning permission for the construction of the holiday cottage or apartment was received by a planning authority, or<\/p>\n<p>(iii)in relation to the holiday cottage or apartment, an opinion in writing was issued by the Revenue Commissioners to the effect that an allowance to be made in respect of expenditure on the holiday cottage or apartment would not be restricted by virtue of section 408,<\/p>\n<p>or<\/p>\n<p>(b)where before the 5th day of April, 1996 &#8211;<\/p>\n<p>(i)expenditure was incurred on the acquisition of land on which the holiday cottage or apartment is to be constructed or refurbished, by the person who incurred the expenditure on that construction or refurbishment, or<\/p>\n<p>(ii)a binding contract in writing was entered into for the acquisition of that land by that person,<\/p>\n<p>and that person can prove to the satisfaction of the Revenue Commissioners that a detailed plan had been prepared and that detailed discussions had taken place with a planning authority in relation to the holiday cottage or apartment on or after the 8th day of February, 1995, but before the 5th day of April, 1996, and that this can be supported by means of an affidavit from the planning authority.<\/p>\n<p>356. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 359(2), a lease of the house the consideration for the grant of which consists solely of &#8211;<\/p>\n<p>(a)a single payment which is or is to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)periodic payments all of which are or are to be treated as rent for the purposes of that Chapter;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(a), (5) and (6) of section 359, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying resort area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (3), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 359(8) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(4)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(5)<\/p>\n<p>(a)Where the event mentioned in subsection (4)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 359(8) or under this section the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (6), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 359(8) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(6)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 359(8) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of that trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(7)Section 359 shall apply for the purposes of supplementing this section.<\/p>\n<p>357. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying resort area, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying resort area, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 359 to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 359(2), a lease of the house the consideration for the grant of which consists solely of &#8211;<\/p>\n<p>(a)a single payment which is or is to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)periodic payments all of which are or are to be treated as rent for the purposes of that Chapter;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b), (5) and (6) of section 359, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 359(8) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(7)Where the event mentioned in subsection (6)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 359(8) or under this section the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 359(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(8)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 359(8) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 359(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(9)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(10)Section 359 shall apply for the purposes of supplementing this section.<\/p>\n<p>358. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 359(2), a lease of the house the consideration for the grant of which consists solely of &#8211;<\/p>\n<p>(a)a single payment which is or is to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)periodic payments all of which are or are to be treated as rent for the purposes of that Chapter;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b), (5) and (6) of section 359, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8220;relevant expenditure&#8221; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221; means a building &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying resort area,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there is one or more than one house, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) one or more than one house.<\/p>\n<p>(2)Where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 359(8) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(5)Where the event mentioned in subsection (4)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 359(8) or under this section the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 359(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(6)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 359(8) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 359(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(7)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(8)Expenditure in respect of which a person 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.<\/p>\n<p>(9)Section 359 shall apply for the purposes of supplementing this section.<\/p>\n<p>359. Provisions supplementary to sections 356 to 358.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 356 to 358 &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 356, 357 or 358, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, or, as the case may be, refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 356, 357 or 358 if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 356, 357 or 358 if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 356(2), 357(4) or 358(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 356 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 357 or 358 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 356, 357 or 358 unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 356, 357 or 358 unless, throughout the relevant period (within the meaning of section 356, 357 or 358, as the case may be) &#8211;<\/p>\n<p>(i)it is used primarily for letting to and occupation by tourists, with or without prior arrangement, and<\/p>\n<p>(ii)it is used and occupied for no other purpose during the period beginning on the 1st day of April and ending on the 31st day of October in each year.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 356, 357 or 358 if, during the relevant period (within the meaning of section 356, 357 or 358, as the case may be), the house is let or leased to or occupied by any person for more than 2 consecutive months at any one time or for more than 6 months in any year.<\/p>\n<p>(c)A house shall not be a qualifying premises for the purposes of section 356, 357 or 358 unless a register of lessees of the house is maintained which shall contain the following particulars &#8211;<\/p>\n<p>(i)the name, permanent address and nationality of each lessee of the house during the relevant period (within the meaning of section 356, 357 or 358, as the case may be), and<\/p>\n<p>(ii)the date of arrival and the date of departure of each such lessee.<\/p>\n<p>(7)For the purposes of sections 356 to 358, references in those sections to the construction of, conversion into, or, as the case may be, refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 356(2), 357(4) or 358(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, or, as the case may be, refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (7) expenditure on the construction of, conversion into, or, as the case may be, refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, or, as the case may be, refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(9)<\/p>\n<p>(a)For the purposes of sections 356 and 357 other than the purposes mentioned in subsection (8)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 358 other than the purposes mentioned in subsection (8)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(10)For the purposes of sections 356 to 358, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(11)Section 555 shall apply as if a deduction under section 356(2), 357(4) or 358(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 356(4), 357(6) or 358(4), as the case may be, were a balancing charge.<\/p>\n<p>(12)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 356, 357 or 358 (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<h4>Chapter 5 Designated islands (ss. 360-365)<\/h4>\n<p>360. Interpretation (Chapter 5).<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 361, 362, 363 or 364, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;designated island&#8221; means any of the following islands &#8211;<br \/>\n(a)in the administrative county of Cork, the islands of Bere, Clear, Dursey, Hare, Long, Sherkin and Whiddy,<br \/>\n(b)in the administrative county of Donegal, the islands of Arranmore, Inishbofin, Inishfree and Tory,<br \/>\n(c)in the administrative county of Galway, the islands of Inisbofin, Inisheer, Inishmaan and Inishmore,<br \/>\n(d)in the administrative county of Limerick, the island of Foynes,<br \/>\n(e)in the administrative county of Mayo, the islands of Claggan, Clare, Inishbiggle, Inishcottle, Inishlyre and Inishturk, and<br \/>\n(f)in the administrative county of Sligo, the island of Coney;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;, &#8220;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221;, in relation to a building or house, means the price which the unencumbered fee simple of the building 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 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 or house is constructed;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the 1st day of August, 1996, and ending on &#8211;<br \/>\n(a)the 31st day of July, 1999, or<br \/>\n(b)the 31st day of December, 1999, where, in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a house which is a qualifying premises within the meaning of section 361, 362, 363, or 364, the relevant local authority gives a certificate in writing, on or before the 31st day of October, 1999, to the person constructing, converting or refurbishing, as the case may be, the house stating that it is satisfied that not less than 15 per cent of the total cost of the house and the site thereof had been incurred on or before the 31st day of July, 1999;<\/p>\n<p>&#8220;the relevant local authority&#8221; in relation to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of a house of the kind referred to in paragraph (b) of the definition of &#8220;qualifying period&#8221;, means the council of a county or the corporation of a county or other borough or, where appropriate, the urban district council, in whose functional area the house is situated;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)References in this Chapter to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>361. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 365(1), a lease of the house the duration of which is not less than 12 months and the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (2), (3)(a) and (4) of section 365, a house &#8211;<\/p>\n<p>(a)the site of which is on a designated island,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (3), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 365(5) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 365(5) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 365(5) or under this section (apart from subsection (3) (b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 365(5) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 365(5) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of that trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 365 shall apply for the purposes of supplementing this section.<\/p>\n<p>362. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building &#8211;<\/p>\n<p>(i)the site of which is on a designated island, and<\/p>\n<p>(ii)which has not been previously in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building &#8211;<\/p>\n<p>(i)the site of which is on a designated island, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 365 to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 365(1), a lease of the house the duration of which is not less than 12 months and the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (2), (3)(b) and (4) of section 365, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 365(5) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premiums or other sum to which this subsection applies or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 365(5) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 365(5) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 365(5) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 365(5) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 365(5) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(11)Section 365 shall apply for the purposes of supplementing this section.<\/p>\n<p>363. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 365(1), a lease of the house the duration of which is not less than 12 months and the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (2), (3)(b) and (4) of section 365, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8220;relevant expenditure&#8221; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221; means a building &#8211;<\/p>\n<p>(a)the site of which is on a designated island,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there is one or more than one house, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) one or more than one house.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 365(5) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 365(5) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 365(5) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 365(5) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 365(5) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 365(5) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 365 shall apply for the purposes of supplementing this section.<\/p>\n<p>364. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, 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;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (3) and (4)(a) of section 365, a house &#8211;<\/p>\n<p>(a)the site of which is on a designated island,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<\/p>\n<p>(d)the total floor area of which &#8211;<\/p>\n<p>(i)is not less than 30 square metres and not more than 125 square metres in the case where the house is a separate self-contained flat or maisonette in a building of 2 or more storeys, or<\/p>\n<p>(ii)in any other case, is not less than 35 square metres and not more than 125 square metres;<\/p>\n<p>&#8220;refurbishment&#8221; has the same meaning as in section 363.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsection (3), where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 5 per cent of the amount of that expenditure.<\/p>\n<p>(b)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 365(5) as having been incurred in the qualifying period.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2)(a) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; were substituted for &#8220;5 per cent&#8221;, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; were substituted for &#8220;5 per cent&#8221;.<\/p>\n<p>(3)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.<\/p>\n<p>(4)Section 365 shall apply for the purposes of supplementing this section.<\/p>\n<p>365. Provisions supplementary to sections 360 to 364.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)A lease shall not be a qualifying lease for the purposes of section 361, 362 or 363 if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(2)A house shall not be a qualifying premises for the purposes of section 361, 362 or 363 if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 361(2), 362(4) or 363(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(3)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 361 or, in so far as it applies to expenditure other than expenditure on refurbishment, section 364 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 362 or 363 or, in so far as it applies to expenditure on refurbishment, section 364 unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 361, 362, 363 or 364 unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 361, 362 or 363 unless, throughout the period of any qualifying lease related to that premises, the house is used as the sole or main residence of the lessee in relation to that qualifying lease.<\/p>\n<p>(5)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 361(2), 362(4), 363(2) or 364(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of section 360(2) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(6)<\/p>\n<p>(a)For the purposes of sections 361 and 362 other than the purposes mentioned in subsection (5)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 363 other than the purposes mentioned in subsection (5)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 364 other than the purposes mentioned in subsection (5)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred that the premises is in use as a dwelling.<\/p>\n<p>(7)For the purposes of sections 361 to 363, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(8)Section 555 shall apply as if a deduction under section 361(2), 362(4) or 363(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 361(5), 362(7) or 363(5), as the case may be, were a balancing charge.<\/p>\n<p>(9)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 361, 362, 363 or 364 (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<h4>Chapter 6 Dublin Docklands Area (ss. 366-372)<\/h4>\n<p>366. Interpretation (Chapter 6).<br \/>\nRepealed from 1 January 2002<br \/>\nIn this Chapter &#8211;<\/p>\n<p>&#8220;qualifying area&#8221; means an area or areas in the Dublin Docklands Area (within the meaning of section 4 of the Dublin Docklands Development Authority Act, 1997) specified as a qualifying area by order under section 367;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;, &#8220;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221;, 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;<\/p>\n<p>&#8220;qualifying period&#8221; means, subject to section 367, the period commencing on the 1st day of July, 1997, and ending on the 30th day of June, 2000;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building or structure and other than for the purposes of section 371, 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.<\/p>\n<p>367. Qualifying areas.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)Subject to subsection (2), the Minister for Finance may, after consultation with the Minister for the Environment and Local Government, following a recommendation from the Executive Board (within the meaning of section 17 of the Dublin Docklands Development Authority Act, 1997) of the Dublin Docklands Development Authority (within the meaning of section 14 of that Act), by order direct that &#8211;<\/p>\n<p>(a)the area or areas described in the order shall be a qualifying area &#8211;<\/p>\n<p>(i)for the purposes of one or more sections of this Chapter, and<\/p>\n<p>(ii)in relation to section 369, for the purposes of that section, including or excluding the provisions of subsection (6) of that section as may be specified in the order, and<\/p>\n<p>(b)as respects any such area so described in the order, the definition of &#8220;qualifying period&#8221; in section 366 shall be construed as a reference to such period as shall be specified in the order in relation to that area, but no such period specified in the order shall commence before the 1st day of July, 1997, or end after the 30th day of June, 2000.<\/p>\n<p>(2)In considering the making of an order under subsection (1) in respect of an area and in particular for the purposes of determining whether that area should be a qualifying area for the purposes of one or more sections of this Chapter and, where the area is to be a qualifying area for the purposes of section 369, whether the relief to be provided by virtue of section 369 is or is not to be subject to subsection (6) of that section, the Minister shall have regard to the following criteria &#8211;<\/p>\n<p>(a)the consistency, in relation to the area, of the types of development for which relief is provided in one or more sections of this Chapter with the relevant provisions of the master plan for the Dublin Docklands Area prepared and adopted under section 24 of the Dublin Docklands Development Authority Act, 1997, which consistency shall be certified by the Executive Board of the Dublin Docklands Development Authority,<\/p>\n<p>(b)the market conditions in the area in terms of the existing and projected supply of, and the existing and projected demand for, the type of development for which relief is provided in one or more sections of this Chapter,<\/p>\n<p>(c)the significance of the area for the overall regeneration of the Dublin Docklands Area, and<\/p>\n<p>(d)the nature and extent of any barriers to the regeneration of the area.<\/p>\n<p>(3)Every order made by the Minister for Finance under subsection (1) shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>368. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)This section shall apply to a building or structure the site of which is wholly within a qualifying area and which is to be an industrial building or structure by reason of its use for a purpose specified in section 268(1)(a).<\/p>\n<p>(2)Subject to subsection (4), section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsection (3) of that section were deleted,<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(e)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted.<\/p>\n<p>(3)Subject to subsection (4), section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(b)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(4)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure to which this section applies, subsections (2) and (3) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(4A)Notwithstanding section 274(1), no balancing charge shall be made in relation to a building or structure to which this section applies by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the building or structure was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the building or structure was incurred.<\/p>\n<p>(5)For the purposes only of determining, in relation to a claim for an allowance under section 271 or 273 as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>369. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)<\/p>\n<p>(a)In this section &#8211;<\/p>\n<p>&#8220;qualifying multi-storey car park&#8221; means a building or structure consisting of 2 or more storeys wholly or mainly in use for the purpose of providing, for members of the public generally without preference for any particular class of person, on payment of an appropriate charge, parking space for mechanically propelled vehicles;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within a qualifying area and which &#8211;<\/p>\n<p>(i)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(ii)<\/p>\n<p>(I)is in use for the purposes of a trade or profession, or<\/p>\n<p>(II)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include a car park (other than a qualifying multi-storey car park) or any part of a building or structure in use as or as part of a dwelling-house.<\/p>\n<p>(b)Where part of a building or structure is a qualifying premises and part of it (in this paragraph referred to as &#8220;the second-mentioned part&#8221;) is not a qualifying premises and the capital expenditure incurred in the qualifying period on the construction or refurbishment of the second-mentioned part is not more than 10 per cent of the total capital expenditure incurred in that period on the construction or refurbishment of the building or structure, then, the building or structure and every part of it shall be treated as a qualifying premises.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b) and subsections (3) to (6), the provisions of the Tax Acts (other than section 368) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the qualifying premises immediately before that expenditure is incurred.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(ii)subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(6)<\/p>\n<p>(a)Notwithstanding subsections (2) to (5), any allowance or charge which apart from this subsection would be made by virtue of subsection (2) in respect of capital expenditure incurred on the construction or refurbishment of a qualifying premises may be reduced to one-half of the amount which apart from this subsection would be the amount of that allowance or charge.<\/p>\n<p>(b)Paragraph (a) shall apply where, in respect of an area, the Minister for Finance, having had regard to the criteria set out in subsection (2) of section 367, has specified in an order under subsection (1) of that section that the area is a qualifying area for the purposes of this section and that the relief to apply is subject to this subsection.<\/p>\n<p>(c)For the purposes of paragraph (a), the amount of an allowance or charge to be reduced to one-half shall be computed as if &#8211;<\/p>\n<p>(i)this subsection had not been enacted, and<\/p>\n<p>(ii)effect had been given to all allowances taken into account in so computing that amount.<\/p>\n<p>(d)Nothing in this subsection shall affect the operation of section 274(8).<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)Where by virtue of subsection (2) an allowance is given under Chapter 1 of Part 9 in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises, relief shall not be given in respect of that expenditure under that Chapter by virtue of any provision of the Tax Acts other than subsection (2).<\/p>\n<p>370. Double rent allowance in respect of rent paid for certain business premises.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsection (8), a lease in respect of a qualifying premises granted in the qualifying period on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsection (5)(a), a building or structure the site of which is wholly within a qualifying area and &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)which is a building or structure in use for a purpose specified in section 268(1)(a), and in respect of which capital expenditure is incurred in the qualifying period for which an allowance &#8211;<\/p>\n<p>(I)is to be made, or<\/p>\n<p>(II)will by virtue of section 279 be made, or, if an order under section 367(1)(a) were to be made directing that the area is to be a qualifying area for the purposes of section 368, would be made,<\/p>\n<p>for the purposes of income tax or corporation tax, as the case may be, under section 271 or 273, as applied by section 368,<\/p>\n<p>(ii)in respect of which an allowance &#8211;<\/p>\n<p>(I)is to be made, or<\/p>\n<p>(II)will by virtue of section 279 be made, or, if an order under section 367(1)(a) were to be made directing that the area is to be a qualifying area for the purposes of section 369, would be made,<\/p>\n<p>for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 369, or<\/p>\n<p>(iii)which is a building or structure in use for the purposes specified in section 268(1)(d), and in respect of the construction or refurbishment of which capital expenditure is incurred in the qualifying period for which an allowance would but for subsection (6) be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9,<\/p>\n<p>and<\/p>\n<p>(b)which is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis, but, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure in respect of which an allowance &#8211;<\/p>\n<p>(i)is to be made, or<\/p>\n<p>(ii)will by virtue of section 279 be made, or<\/p>\n<p>(iii)if an order under section 367(1)(a) were to be made directing that the area is to be a qualifying area for the purposes of section 368 or 369, as the case may be, would be made, or<\/p>\n<p>(iv)would but for subsection (6) be made,<\/p>\n<p>for the purposes of income tax or corporation tax, as the case may be, under any of the provisions referred to in paragraph (a), the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(2)For the purposes of this section, so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(a)10 years, or<\/p>\n<p>(b)the period by which 10 years exceeds &#8211;<\/p>\n<p>(i)any preceding period, or<\/p>\n<p>(ii)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable by that person or any other person in relation to that premises under a qualifying lease.<\/p>\n<p>(3)Subject to subsection (4), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person for a relevant rental period in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but, where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(4)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of the qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(5)<\/p>\n<p>(a)A building or structure in use for the purposes specified in section 268 (1)(d) shall not be a qualifying premises for the purposes of this section unless the person to whom an allowance under Chapter 1 of Part 9 would but for subsection (6) be made for the purposes of income tax or corporation tax, as the case may be, in respect of the capital expenditure incurred in the qualifying period on the construction or refurbishment of the building or structure elects by notice in writing to the appropriate inspector (within the meaning of section 950) to disclaim all allowances under that Chapter in respect of that capital expenditure.<\/p>\n<p>(b)An election under paragraph (a) shall be included in the return required to be made by the person concerned under section 951 for the first year of assessment or the first accounting period, as the case may be, for which an allowance would but for subsection (6) have been made to that person under Chapter 1 of Part 9 in respect of that capital expenditure.<\/p>\n<p>(c)An election under paragraph (a) shall be irrevocable.<\/p>\n<p>(d)A person who has made an election under paragraph (a) shall furnish a copy of that election to any person (in this paragraph referred to as &#8220;the second-mentioned person&#8221;) to whom the person grants a qualifying lease in respect of the qualifying premises, and the second-mentioned person shall include the copy in the return required to be made by the second-mentioned person under section 951 for the year of assessment or accounting period, as the case may be, in which rent is first payable by the second-mentioned person under the qualifying lease in respect of the qualifying premises.<\/p>\n<p>(6)Where a person who has incurred capital expenditure in the qualifying period on the construction or refurbishment of a building or structure in use for the purposes specified in section 268 (1)(d) makes an election under subsection (5)(a), then, notwithstanding any other provision of the Tax Acts &#8211;<\/p>\n<p>(a)no allowance under Chapter 1 of Part 9 shall be made to the person in respect of that capital expenditure,<\/p>\n<p>(b)on the occurrence, in relation to the building or structure, of any of the events referred to in section 274(1), the residue of expenditure (within the meaning of section 277) in relation to that capital expenditure shall be deemed to be nil, and<\/p>\n<p>(c)section 279 shall not apply in the case of any person who buys the relevant interest (within the meaning of section 269) in the building or structure.<\/p>\n<p>(7)For the purposes of determining, in relation to paragraph (a)(iii) of the definition of &#8220;qualifying premises&#8221; and subsections (5) and (6), whether and to what extent capital expenditure incurred on the construction or refurbishment of a building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the building or structure actually carried out in the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>371. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, 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;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (2) and (3) of section 372, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<\/p>\n<p>(d)the total floor area of which is not less than 38 square metres and not more than 125 square metres;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to subsection (3), where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 5 per cent of the amount of that expenditure, or<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(b)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 372(5) as having been incurred in the qualifying period.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; and &#8220;7.4 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; and &#8220;2.6 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively.<\/p>\n<p>(3)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.<\/p>\n<p>(4)Section 372 shall apply for the purposes of supplementing this section.<\/p>\n<p>372. Provisions supplementary to section 371.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In section 371 &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 371 stating that the amount specified in the certificate in relation to the cost of construction or refurbishment of the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 371, in so far as it applies to expenditure other than expenditure on refurbishment, unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 371, in so far as it applies to expenditure on refurbishment, unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(c)A house shall not be a qualifying premises for the purposes of section 371 unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister for the Environment and Local Government, with the consent of the Minister for Finance, for the purposes of furthering the objectives of the Urban Renewal Act, 1986, and, without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following &#8211;<\/p>\n<p>(i)the design and the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, houses,<\/p>\n<p>(ii)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister for the Environment and Local Government,<\/p>\n<p>(iii)the provision of ancillary facilities and amenities in relation to houses, and<\/p>\n<p>(iv)the balance to be achieved between houses of different types and sizes within a single development of 2 or more houses or within such a development and its general vicinity having regard to the housing existing or proposed in that vicinity.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 371 unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of that section are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(4)For the purposes of section 371, references in that section to the construction or refurbishment of any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(5)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 371(2), whether and to what extent expenditure incurred on construction or refurbishment of a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (4) expenditure on the construction or refurbishment of a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction or refurbishment of the qualifying premises were references to the development of such land.<\/p>\n<p>(6)For the purposes of section 371 other than the purposes mentioned in subsection (5)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(7)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 371 (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<h4>Chapter 7 Qualifying areas (ss. 372A-372K)<\/h4>\n<p>372A. Interpretation and application (Chapter 7).<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;existing building&#8221; means a building or structure which &#8211;<br \/>\n(a)fronts on to a qualifying street, and<br \/>\n(b)existed on 13 September 2000;<\/p>\n<p>&#8220;facade&#8221; in relation to a building or structure or part of a building or structure, means the exterior wall of the building or structure or, as the case may be, the part of the building or structure which fronts on to a street;<\/p>\n<p>&#8220;lease&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;, &#8220;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221; 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;<\/p>\n<p>&#8220;multi-storey car park&#8221; means a building or structure consisting of 2 or more storeys wholly or mainly in use for the purpose of providing, for members of the public generally without preference for any particular class of person, on payment of an appropriate charge, parking space for mechanically propelled vehicles;<\/p>\n<p>&#8220;necessary construction&#8221; in relation to an existing building, means one or more of the following:<br \/>\n(a)construction of an extension to the building which does not exceed 30 per cent of the floor area of the building immediately before expenditure on the construction, conversion or refurbishment of the building was incurred, where such extension is necessary for the purposes of facilitating access to, or providing essential facilities in, one or more qualifying premises within the meaning of Chapter 11 of this Part,<br \/>\n(b)construction of an additional storey or additional storeys to the building which was or were, as the case may be, necessary for the restoration or enhancement of the streetscape, or<br \/>\n(c)construction of a replacement building;<\/p>\n<p>&#8220;property developer&#8221; 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;<\/p>\n<p>&#8220;qualifying area&#8221; means an area or areas specified as a qualifying area under section 372B;<\/p>\n<p>&#8220;qualifying period&#8221; means &#8211;<br \/>\n(a)subject to section 372B and in relation to a qualifying area, the period commencing on 1 August 1998 and ending on &#8211;<br \/>\n(i)31 December 2002, or<br \/>\n(ii)where subsection (1A) applies, 31 December 2006, or<br \/>\n(iii)where subsections (1A) and (3) apply, 31 July 2008,<br \/>\nand<br \/>\n(b)subject to section 372BA and in relation to a qualifying street, the period commencing on 6 April 2001 and ending on &#8211;<br \/>\n(i)31 December 2004, or<br \/>\n(ii)where subsection (1B) applies, 31 December 2006, or<br \/>\n(iii)where subsections (1B) and (3) apply, 31 July 2008;<\/p>\n<p>&#8220;qualifying street&#8221; means a street specified as a qualifying street under section 372BA;<\/p>\n<p>&#8220;refurbishment&#8221; in relation to a building or structure, 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;<\/p>\n<p>&#8220;replacement building&#8221; in relation to a building or structure which fronts on to a qualifying street, means a building or structure or part of a building or structure, as the case may be, which is constructed to replace an existing building, where &#8211;<br \/>\n(a)<br \/>\n(i)a notice under subsection (1) of section 3 or an order under subsection (5) of that section, of the Local Government (Sanitary Services) Act, 1964, which required the demolition of the existing building or part of that building, was given or made, as the case may be, on or after 13 September 2000 and before 31 March 2001, and<br \/>\n(ii)the replacement building is consistent with the character and size of the existing building,<br \/>\nor<br \/>\n(b)the demolition of the existing building (being a single storey building) was required for structural reasons, in order to facilitate the construction of an additional storey or additional storeys to the building which was or were, as the case may be, necessary for the restoration or enhancement of the streetscape;<\/p>\n<p>&#8220;relevant local authority&#8221;<br \/>\n(a)in relation to a qualifying area &#8211;<br \/>\n(i)the county council, a city council or a city and county council or the borough council or, where appropriate, the town council, within the meaning of the Local Government Act 2001, in whose functional area the area is situated, or<br \/>\n(ii)the authorised company (within the meaning of section 3(1) of the Urban Renewal Act 1998) which prepared the integrated area plan (within the meaning of that section) in respect of the area,<br \/>\nand<br \/>\n(b)in relation to a qualifying street, in respect of the cities of Cork, Dublin, Galway, Limerick or Waterford, the city council of the city in whose functional area the street is situated;<\/p>\n<p>&#8220;street&#8221; includes part of a street and the whole or part of any road, square, quay or lane.<\/p>\n<p>(1A)<\/p>\n<p>(a)This subsection shall apply where &#8211;<\/p>\n<p>(i)the relevant local authority gives a certificate in writing on or before 30 September 2003, to the person constructing or refurbishing a building or structure or part of a building or structure, the site of which is wholly within a qualifying area, stating that it is satisfied that not less than 15 per cent of the total cost of constructing or refurbishing the building or structure or the part of the building or structure, as the case may be, and the acquisition of the site thereof had been incurred on or before 30 June 2003, and<\/p>\n<p>(ii)the application for such a certificate is received by the relevant local authority on or before 31 July 2003.<\/p>\n<p>(b)In considering whether to give a certificate referred to in paragraph (a), the relevant local authority shall have regard only to guidelines issued by the Department of the Environment and Local Government in relation to the giving of such certificates.<\/p>\n<p>(1B)This subsection shall apply in relation to a qualifying street, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if &#8211;<\/p>\n<p>(a)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>(b)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>or<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)a detailed plan in relation to the development work is prepared,<\/p>\n<p>(ii)a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and<\/p>\n<p>(iii)work to the value of 5 per cent of the development costs is carried out, not later than 31 December 2004.<\/p>\n<p>(2)This Chapter and Chapter 11 of this Part shall apply in relation to qualifying areas if the Oireachtas passes an Act which refers to this Chapter and provides for the renewal of certain urban areas and the submission of plans (to be known as &#8220;Integrated Area Plans&#8221;) to the Minister for the Environment and Local Government which have been drawn up by local authorities or companies established by local authorities (being local authorities as referred to in such Act) in respect of an area or areas identified by such an authority or company on the basis of criteria prepared by that Minister, including physical and socioeconomic renewal of such an area or areas.<\/p>\n<p>(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 or a part of a building or structure which fronts on to a qualifying street or the site of which is wholly within a qualifying area where &#8211;<\/p>\n<p>(a)the person who is constructing or refurbishing the building or structure or the part of 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 or the part of the building or structure, and<\/p>\n<p>(b)the person referred to in paragraph (a) or, where the building or structure or the part of 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, and<\/p>\n<p>(c)in the case of a building or structure or a part of a building or structure the site of which is wholly within a qualifying area where &#8211;<\/p>\n<p>(i)a binding contract in writing under which expenditure on the construction or refurbishment of the building or structure or the part of a building or structure is incurred was in existence on or before 31 July 2006, and<\/p>\n<p>(ii)such other conditions, as may be specified in regulations made for the purposes of this subparagraph 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.<\/p>\n<p>372B. Qualifying areas.<br \/>\n(1)The Minister for Finance may, on the recommendation of the Minister for the Environment and Local Government (which recommendation shall take into consideration an Integrated Area Plan submitted by a local authority or a company established by a local authority to that Minister in respect of an area identified by it), by order direct that &#8211;<\/p>\n<p>(a)the area or areas described (being wholly located within the boundaries of the area to which the Integrated Area Plan relates) in the order shall be a qualifying area for the purposes of one or more sections of this Chapter or Chapter 11 of this Part,<\/p>\n<p>(b)where such an area or areas is or are to be a qualifying area for the purposes of section 372D, one or more of the categories of building or structure mentioned in subsection (2) shall or shall not be a qualifying premises within the meaning of that section,<\/p>\n<p>(ba)where such an area or areas is or are to be a qualifying area for the purposes of section 372AP, that section shall apply in relation to that area or those areas in so far as that section relates to one or more of the following:<\/p>\n<p>(i)expenditure incurred on the construction of a house,<\/p>\n<p>(ii)conversion expenditure incurred in relation to a house, and<\/p>\n<p>(iii)refurbishment expenditure incurred in relation to a house,<\/p>\n<p>(c)as respects any such area so described in the order and in so far as this Chapter is concerned, the definition of &#8220;qualifying period&#8221; in section 372A shall be construed as a reference to such period as shall be specified in the order in relation to that area; but no such period specified in the order shall commence before 1 August 1998 or end after &#8211;<\/p>\n<p>(i)31 December 2002, or<\/p>\n<p>(ii)where section 372A(1A) applies, 31 December 2006, or<\/p>\n<p>(iii)where subsections (1A) and (3) of section 372A apply, 31 July 2008,<\/p>\n<p>(d)as respects any such area so described in the order and in so far as Chapter 11 of this Part is concerned, the definition of &#8220;qualifying period&#8221; in section 372AL shall be construed as a reference to such period as shall be specified in the order in relation to that area; but no such period specified in the order shall commence before 1 August 1998 or end after &#8211;<\/p>\n<p>(i)31 December 2002, or<\/p>\n<p>(ii)where section 372AL(2) applies, 31 December 2006, or<\/p>\n<p>(iii)where subsections (2) and (3) of section 372AL apply, 31 July 2008.<\/p>\n<p>(2)The categories of building or structure referred to in subsection (1)(b)(i)(I) shall be &#8211;<\/p>\n<p>(a)buildings or structures which consist of office accommodation,<\/p>\n<p>(b)multi-storey car parks,<\/p>\n<p>(c)any other buildings or structures and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their construction or refurbishment relates to the construction or refurbishment of office accommodation,<\/p>\n<p>(d)the facade of a building or structure or part of a building or structure referred to in paragraph (a),<\/p>\n<p>(e)the facade of a building or structure or part of a building or structure referred to in paragraph (c).<\/p>\n<p>(2A)The power to make an order under subsection (1) includes the power to amend or revoke the order.<\/p>\n<p>(3)Every order made by the Minister for Finance under subsection (1) shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(4)Notwithstanding an order under subsection (1), the granting of relief by virtue of any provision of this Chapter or Chapter 11 of this Part in respect of the construction, refurbishment or conversion of a building, structure or house, the site of which is wholly within a qualifying area, shall be subject to such other requirements as may be specified in or under the Act referred to in section 372A(2).<\/p>\n<p>372BA. Qualifying streets.<br \/>\n(1)The Minister for Finance may, on the recommendation of the Minister for the Environment and Local Government (which recommendation shall take into consideration proposals submitted by a relevant local authority to that Minister in respect of a street identified by it), by order direct that &#8211;<\/p>\n<p>(a)a street described (being a street situated in the functional area of the relevant local authority) in the order shall be a qualifying street for the purposes of one or more sections of this Chapter or Chapter 11 of this Part,<\/p>\n<p>(b)where such a street is to be a qualifying street for the purposes of section 372D, the categories of building or structure mentioned in subsection (2) shall not be a qualifying premises within the meaning of that section, and<\/p>\n<p>(ba)where such a street is to be a qualifying street for the purposes of section 372AP, that section shall apply in relation to that street in so far as that section relates to one or more of the following:<\/p>\n<p>(i)expenditure incurred on the construction of a house,<\/p>\n<p>(ii)conversion expenditure incurred in relation to a house, and<\/p>\n<p>(iii)refurbishment expenditure incurred in relation to a house,<\/p>\n<p>(bb)as respects any such street so described in the order and in so far as this Chapter is concerned, the definition of qualifying period in section 372A shall be construed as a reference to such period as shall be specified in the order in relation to that street; but no such period specified in the order shall commence before 6 April 2001 or end after &#8211;<\/p>\n<p>(i)31 December 2004, or<\/p>\n<p>(ii)where section 372A(1B) applies, 31 December 2006, or<\/p>\n<p>(iii)where subsections (1B) and (3) of section 372A apply, 31 July 2008,<\/p>\n<p>(c)as respects any such street so described in the order and in so far as Chapter 11 of this Part is concerned, the definition of qualifying period in section 372AL shall be construed as a reference to such period as shall be specified in the order in relation to that street; but no such period specified in the order shall commence before 6 April 2001 or end after &#8211;<\/p>\n<p>(i)31 December 2004, or<\/p>\n<p>(ii)where section 372AL(1A) applies, 31 December 2006, or<\/p>\n<p>(iii)where subsections (1A) and (3) of section 372AL apply, 31 July 2008.<\/p>\n<p>(2)The categories of building or structure referred to in subsection (1)(b) shall be buildings or structures &#8211;<\/p>\n<p>(a)other than those in use for the purposes of the retailing of goods or the provision of services only within the State,<\/p>\n<p>(b)in use as offices, and<\/p>\n<p>(c)in use for the provision of mail order or financial services.<\/p>\n<p>(2A)The power to make an order under subsection (1) includes the power to amend or revoke the order.<\/p>\n<p>(3)Every order made by the Minister for Finance under subsection (1) shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(4)Notwithstanding an order under subsection (1), no relief from income tax or corporation tax, as the case may be, may be granted under this Chapter or Chapter 11 of this Part in respect of the construction, refurbishment or conversion of a building, structure or house which fronts on to a qualifying street unless the relevant local authority has certified in writing that such construction, refurbishment or conversion is consistent with the aims, objectives and criteria for the Living over the Shop Scheme, as outlined in a circular of the Department of the Environment and Local Government entitled &#8220;Living Over The Shop Scheme&#8221;, reference numbered UR 43A and dated 13 September 2000, or in any further circular of that Department amending paragraph 6 of the first-mentioned circular for the purposes of increasing the aggregate length of street allowable, to the manager of the relevant local authority concerned.<\/p>\n<p>372C. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\n(1)In this section &#8220;building or structure to which this section applies&#8221; means a building or structure or part of a building or structure the site of which is wholly within a qualifying area and which is to be an industrial building or structure by reason of its use for a purpose specified in section 268(1)(a).<\/p>\n<p>(2)Subject to subsection (4) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsection (3) of that section were deleted,<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(e)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted.<\/p>\n<p>(3)Subject to subsection (4) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(c)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(4)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure to which this section applies, subsections (2) and (3) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure was incurred.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a building or structure to which this section applies by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the building or structure was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the building or structure was incurred.<\/p>\n<p>(6)For the purposes only of determining, in relation to a claim for an allowance under section 271 or 273 as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, the refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372D. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\n(1)In this section, &#8220;qualifying premises&#8221; means a building or structure or part of a building or structure the site of which is wholly within a qualifying area, or which fronts on to a qualifying street, and which &#8211;<\/p>\n<p>(a)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(b)<\/p>\n<p>(i)is in use for the purposes of a trade or profession, or<\/p>\n<p>(ii)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), subsections (3) to (5) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), the provisions of the Tax Acts (other than section 372C) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity &#8211;<\/p>\n<p>(I)carried on in the qualifying premises, or<\/p>\n<p>(II)in a case where the facade of a building or structure or part of a building or structure is a qualifying premises, carried on in the building or structure or the part of the building or structure,<\/p>\n<p>is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the qualifying premises immediately before that expenditure was incurred.<\/p>\n<p>(3A)<\/p>\n<p>(a)In the case of a qualifying premises which fronts on to a qualifying street, subsection (2) shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of the qualifying premises, only if &#8211;<\/p>\n<p>(i)the qualifying premises are comprised in the ground floor of &#8211;<\/p>\n<p>(I)an existing building, or<\/p>\n<p>(II)a replacement building,<\/p>\n<p>and<\/p>\n<p>(ii)apart from the capital expenditure incurred in the qualifying period on the construction or refurbishment of the qualifying premises, expenditure is incurred on the upper floor or floors of the existing building or the replacement building, as the case may be, which is &#8211;<\/p>\n<p>(I)eligible expenditure within the meaning of Chapter 11 of this Part (being eligible expenditure on necessary construction, or conversion expenditure or refurbishment expenditure within the meaning of that Chapter), or<\/p>\n<p>(II)qualifying expenditure within the meaning of Chapter 11 of this Part (being qualifying expenditure on necessary construction, on conversion or on refurbishment within the meaning of that Chapter),<\/p>\n<p>and in respect of which a deduction has been given, or would on due claim being made be given, under section 372AP or 372AR.<\/p>\n<p>(b)Notwithstanding paragraph (a), subsection (2) shall not apply in relation to so much (if any) of the capital expenditure incurred in the qualifying period on the construction or refurbishment of the qualifying premises as exceeds the amount of the deduction, or the aggregate amount of the deductions, which has been given, or which would on due claim being made be given, under section 372AP or 372AR in respect of the eligible expenditure referred to in paragraph (a)(ii)(I) or the qualifying expenditure referred to in paragraph (a)(ii)(II).<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(iii)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occur &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372E. Double rent allowance in respect of rent paid for certain business premises.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsection (8), a lease in respect of a qualifying premises granted in the qualifying period on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsection (5)(a), a building or structure &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)the site of which is wholly within a qualifying area and which is a building or structure in use for a purpose specified in section 268(1)(a), and in respect of which capital expenditure is incurred in the qualifying period for which an allowance &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>(I)is to be made, or<\/p>\n<p>(II)will by virtue of section 279 be made, or, if an order under section 372B(1)(a) were to be made directing that the area is to be a qualifying area for the purposes of section 372C, would be made,<\/p>\n<p>for the purposes of income tax or corporation tax, as the case may be, under section 271 or 273, as applied by section 372C,<\/p>\n<p>(ii)the site of which is wholly within a qualifying area and in respect of which an allowance &#8211;<\/p>\n<p>(I)is to be made, or<\/p>\n<p>(II)will by virtue of section 279 be made, or, if an order under section 372B(1)(a) were to be made directing that the area is to be a qualifying area for the purposes of section 372D, would be made,<\/p>\n<p>for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 372D,<\/p>\n<p>or<\/p>\n<p>(iii)the site of which is wholly within a qualifying area and which is a building or structure in use for the purposes specified in section 268(1)(d), and in respect of the construction or refurbishment of which capital expenditure is incurred in the qualifying period for which an allowance would but for subsection (6) be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9,<\/p>\n<p>and<\/p>\n<p>(b)which is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure in respect of which an allowance &#8211;<\/p>\n<p>(i)is to be made, or<\/p>\n<p>(ii)will by virtue of section 279 be made, or<\/p>\n<p>(iii)if an order under section 372B(1)(a) were to be made directing that the area is to be a qualifying area for the purposes of section 372C or 372D, as the case may be, would be made, or<\/p>\n<p>(iv)would but for subsection (6) be made,<\/p>\n<p>for the purposes of income tax or corporation tax, as the case may be, under any of the provisions referred to in paragraph (a), the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(2)For the purposes of this section, so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(a)10 years, or<\/p>\n<p>(b)the period by which 10 years exceeds &#8211;<\/p>\n<p>(i)any preceding period, or<\/p>\n<p>(ii)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable by that person or any other person in relation to that premises under a qualifying lease.<\/p>\n<p>(3)Subject to subsection (4), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person for a relevant rental period in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(4)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of the qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(5)<\/p>\n<p>(a)A building or structure in use for the purposes specified in section 268(1)(d) shall not be a qualifying premises for the purposes of this section unless the person to whom an allowance under Chapter 1 of Part 9 would but for subsection (6) be made for the purposes of income tax or corporation tax, as the case may be, in respect of the capital expenditure incurred in the qualifying period on the construction or refurbishment of the building or structure elects by notice in writing to the appropriate inspector (within the meaning of section 950) to disclaim all allowances under that Chapter in respect of that capital expenditure.<\/p>\n<p>(b)An election under paragraph (a) shall be included in the return required to be made by the person concerned under section 951 for the first year of assessment or the first accounting period, as the case may be, for which an allowance would but for subsection (6) have been made to that person under Chapter 1 of Part 9 in respect of that capital expenditure.<\/p>\n<p>(c)An election under paragraph (a) shall be irrevocable.<\/p>\n<p>(d)A person who has made an election under paragraph (a) shall furnish a copy of that election to any person (in this paragraph referred to as &#8216;the second-mentioned person&#8217;) to whom the person grants a qualifying lease in respect of the qualifying premises, and the second-mentioned person shall include the copy in the return required to be made by the second-mentioned person under section 951 for the year of assessment or accounting period, as the case may be, in which rent is first payable by the second-mentioned person under the qualifying lease in respect of the qualifying premises.<\/p>\n<p>(6)Where a person who has incurred capital expenditure in the qualifying period on the construction or refurbishment of a building or structure in use for the purposes specified in section 268(1)(d) makes an election under subsection (5)(a), then, notwithstanding any other provision of the Tax Acts &#8211;<\/p>\n<p>(a)no allowance under Chapter 1 of Part 9 shall be made to the person in respect of that capital expenditure,<\/p>\n<p>(b)on the occurrence, in relation to the building or structure, of any of the events referred to in section 274(1), the residue of expenditure (within the meaning of section 277) in relation to that capital expenditure shall be deemed to be nil, and<\/p>\n<p>(c)section 279 shall not apply in the case of any person who buys the relevant interest (within the meaning of section 269) in the building or structure.<\/p>\n<p>(7)For the purposes of determining, in relation to paragraph (a) (iii) of the definition of &#8220;qualifying premises&#8221; and subsections (5) and (6), whether and to what extent capital expenditure incurred on the construction or refurbishment of a building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the building or structure actually carried out in the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>372F. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 372J(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(a), (4)(c) and (5) of section 372J, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area, or which fronts on to a qualifying street,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which is not less than 38 square metres and not more than 125 square metres,<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (4), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises the site of which is wholly within a qualifying area, or on the necessary construction of a qualifying premises which fronts on to a qualifying street &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 372J(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 372J(7) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 372J(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 372J(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 372J(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of the trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 372J shall apply for the purposes of supplementing this section.<\/p>\n<p>372G. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building or part of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying area, or which fronts on to a qualifying street, and<\/p>\n<p>(ii)which has not been previously in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building or part of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying area, or which fronts on to a qualifying street, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 372J to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 372J(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b), (4)(c) and (5) of section 372J, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which is not less than 38 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any out office appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 372J(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 372J(7) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 372J(7) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 372J(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 372J(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 372J(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(11)Section 372J shall apply for the purposes of supplementing this section.<\/p>\n<p>372H. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 372J(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b), (4)(c) and (5) of section 372J, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which is not less than 38 square metres and not more than 125 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8220;relevant expenditure&#8221; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221; means a building or part of a building &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area, or which fronts on to a qualifying street,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there are 2 or more houses, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) 2 or more houses.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 372J(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 372J(7) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 372J(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 372J(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 372J(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 372J(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 372J shall apply for the purposes of supplementing this section.<\/p>\n<p>372I. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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; but in the case of a qualifying premises which fronts on to a qualifying street or which is comprised in a building or part of a building which fronts on to a qualifying street, this definition shall apply as if the reference to &#8220;construction&#8221; were a reference to &#8220;necessary construction&#8221;.<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, 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;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 372J, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area, or which fronts on to a qualifying street or which is comprised in a building or part of a building which fronts on to a qualifying street,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<\/p>\n<p>(d)the total floor area of which is not less than 38 square metres and not more than 125 square metres;<\/p>\n<p>&#8220;refurbishment&#8221; has the same meaning as in section 372H.<\/p>\n<p>(2)<\/p>\n<p>(a)Where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred &#8211;<\/p>\n<p>(I)on the construction of a qualifying premises the site of which is wholly within a qualifying area, 5 per cent of the amount of that expenditure, and<\/p>\n<p>(II)on the necessary construction of a qualifying premises which fronts on to a qualifying street or which is comprised in a building or part of a building which fronts on to a qualifying street, 10 per cent of the amount of that expenditure.<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(aa)Notwithstanding paragraph (a), where the individual, or, being a husband or wife, the individual&#8217;s spouse, is assessed to tax in accordance with section 1017, the individual shall, except where section 1023 applies, be entitled to have the deduction, to which he or she is entitled under paragraph (a), made from his or her total income and the total income of his or her spouse, if any.<\/p>\n<p>(b)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 372J(7) as having been incurred in the qualifying period.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; and &#8220;7.4 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; and &#8220;2.6 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively.<\/p>\n<p>(3)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.<\/p>\n<p>(4)Section 372J shall apply for the purposes of supplementing this section.<\/p>\n<p>372J. Provisions supplementary to sections 372F to 372I.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 372F to 372I &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 372F, 372G, 372H or 372I, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 372F, 372G or 372H if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 372F, 372G or 372H if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 372F(2), 372G(4) or 372H(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 372F or, in so far as it applies to expenditure other than expenditure on refurbishment, section 372I unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 372G or 372H or, in so far as it applies to expenditure on refurbishment, section 372I unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(c)A house shall not be a qualifying premises for the purposes of section 372F, 372G, 372H or 372I unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister for the Environment and Local Government, with the consent of the Minister for Finance, for the purposes of furthering the objectives of urban renewal without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following &#8211;<\/p>\n<p>(i)the design and the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, houses,<\/p>\n<p>(ii)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister for the Environment and Local Government,<\/p>\n<p>(iii)the provision of ancillary facilities and amenities in relation to houses, and<\/p>\n<p>(iv)the balance to be achieved between houses of different types and sizes within a single development of 2 or more houses or within such a development and its general vicinity having regard to the housing existing or proposed in that vicinity.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 372F, 372G, 372H or 372I unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(5A)A house which fronts on to a qualifying street or which is comprised in a building or part of a building which fronts on to a qualifying street shall not be a qualifying premises for the purposes of section 372F, 372G, 372H or 372I unless &#8211;<\/p>\n<p>(a)the house is comprised in the upper floor or floors of an existing building or a replacement building, and<\/p>\n<p>(b)the ground floor of such building is in use for commercial purposes, or, where it is temporarily vacant, it is subsequently so used.<\/p>\n<p>(6)For the purposes of sections 372F to 372I, references in those sections to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 372F(2), 372G(4), 372H(2) or 372I(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of sections 372F and 372G other than the purposes mentioned in subsection (7) (a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 372H other than the purposes mentioned in subsection (7) (a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 372I other than the purposes mentioned in subsection (7) (a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)For the purposes of sections 372F to 372H, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(10)Section 555 shall apply as if a deduction under section 372F(2), 372G(4) or 372H(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 372F(5), 372G(7) or 372H(5), as the case may be, were a balancing charge.<\/p>\n<p>(11)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 372F, 372G, 372H or 372I (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<p>372K. Non-application of relief in certain cases and provision against double relief.<br \/>\n(1)Notwithstanding any other provision of this Chapter, sections 372C and 372D shall not apply &#8211;<\/p>\n<p>(a)in respect of expenditure incurred on the construction or refurbishment of a building or structure or a qualifying premises &#8211;<\/p>\n<p>(i)where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(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,<\/p>\n<p>(aa)in respect of expenditure incurred on or after 6 April 2001 on the construction or refurbishment of a building or structure or a qualifying premises the site of which is wholly within a qualifying area where any part of such expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State,<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)in the sector of agriculture, including the production, processing and marketing of agricultural products,<\/p>\n<p>(ii)in the coal industry, fishing industry or motor vehicle industry, or<\/p>\n<p>(iii)in the transport, steel, ship-building, synthetic fibres or financial services sectors,<\/p>\n<p>or<\/p>\n<p>(c)in respect of expenditure incurred on or after 1 January 2003 on the construction or refurbishment of any building or structure or qualifying premises provided for the purposes of a project which is subject to the notification requirements of &#8211;<\/p>\n<p>(i)the &#8220;Multisectoral framework on regional aid for large investment projects&#8221; prepared by the Commission of the European Communities and dated 7 April 1998, or<\/p>\n<p>(ii)the &#8220;Multisectoral framework on regional aid for large investment projects&#8221; prepared by the Commission of the European Communities and dated 19 March 2002,<\/p>\n<p>as the case may be, unless approval of the potential capital allowances involved has been received from that Commission by the Minister for Finance, or by such other Minister of the Government, agency or body as may be nominated for that purpose by the Minister for Finance.<\/p>\n<p>(2)For the purposes of sections 372C and 372D, where the site of any part of a building or structure is situate 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 situate 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 situate outside the boundary of the qualifying area bears to the total floor area of the building or structure.<\/p>\n<p>(3)Where relief is given by virtue of any provision of this Chapter in relation to capital expenditure or other expenditure incurred on, or rent payable in respect of, any building, structure or premises, relief shall not be given in respect of that expenditure or that rent under any other provision of the Tax Acts.<\/p>\n<h4>Chapter 8 Qualifying rural areas (ss. 372L-372T)<\/h4>\n<p>372L. Interpretation (Chapter 8).<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;lease, lessee, lessor, premium and rent&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;,&#8221;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221; 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;<\/p>\n<p>&#8220;property developer&#8221; means a person carrying on a trade which consists wholly or mainly of the construction or refurbishment of building or structures with a view to their sale;<\/p>\n<p>&#8220;qualifying period&#8221; means &#8211;<br \/>\n(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 and ending on &#8211;<br \/>\n(i)31 December 2004, or<br \/>\n(ii)where subsection (2) applies, 31 December 2006, or<br \/>\n(iii)where subsections (2) and (3) apply, 31 July 2008;<br \/>\n(b)[deleted]<br \/>\n(c)[deleted];<\/p>\n<p>&#8220;qualifying rural area&#8221; means any area described in Schedule 8A;<\/p>\n<p>&#8220;refurbishment&#8221; in relation to a building or structure, 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.<\/p>\n<p>(2)This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if &#8211;<\/p>\n<p>(a)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>(b)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>or<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)a detailed plan in relation to the development work is prepared,<\/p>\n<p>(ii)a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and<\/p>\n<p>(iii)work to the value of 5 per cent of the development costs is carried out, not later than 31 December 2004.<\/p>\n<p>(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 &#8211;<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>372M. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\n(1)This section shall apply to a building or structure the site of which is wholly within a qualifying rural area and which is to be an industrial building or structure by reason of its use for a purpose specified in paragraph (a) or (b) of section 268(1).<\/p>\n<p>(2)Subject to subsection (4) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(c)subsection (3) of that section were deleted,<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in sub section (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(e)in subsection (5) of that section &#8220;to which subsection (3) (c) applies&#8221; were deleted.<\/p>\n<p>(3)Subject to subsection (4) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(b)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(c)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(4)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure to which this section applies, subsections (2) and (3) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure was incurred.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a building or structure to which this section applies by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the building or structure was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the building or structure was incurred.<\/p>\n<p>(6)For the purposes only of determining, in relation to a claim for an allowance under section 271 or 273 as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, the refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372N.Capital allowances in relation to construction or refurbishment of certain commercial buildings or structures.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;approved scheme&#8221; means a scheme undertaken with the approval of a local authority which has as its object, or amongst its objects, the provision of sewerage facilities, water supplies or roads for public purposes;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within a qualifying rural area, and which &#8211;<\/p>\n<p>(a)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(b)<\/p>\n<p>(i)is in use for the purposes of a trade or profession or for the purposes of an approved scheme, or<\/p>\n<p>(ii)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), subsections (3) to (5) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), the provisions of the Tax Acts (other than section 372M) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the qualifying premises immediately before that expenditure was incurred.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8220;to which subsection (3) (c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8220;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8221;,<\/p>\n<p>and<\/p>\n<p>(iii)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(6)[deleted]<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372O. Double rent allowance in respect of rent paid for certain business premises.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221; means, subject to subsection (5), a lease in respect of a qualifying premises granted in the qualifying period on bona fide commercial terms by a lessor to a lessee not connected with the lessor, or with any other person entitled to a rent in respect of the qualifying premises, whether under that lease or any other lease;<\/p>\n<p>&#8220;qualifying premises&#8221; means a building or structure &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)the site of which is wholly within a qualifying rural area and which is a building or structure in use for a purpose specified in section 268(1)(a), and in respect of which capital expenditure is incurred in the qualifying period for which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under section 271 or 273, as applied by section 372M, or<\/p>\n<p>(ii)the site of which is wholly within a qualifying area and in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by virtue of section 372N,<\/p>\n<p>and<\/p>\n<p>(b)which is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but, where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure in respect of which an allowance is to be made, or will by virtue of section 279 be made, for the purposes of income tax or corporation tax, as the case may be, under any of the provisions referred to in paragraph (a), the building or structure shall not be regarded as a qualifying premises unless the total amount of the expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the building or structure immediately before that expenditure is incurred.<\/p>\n<p>(2)For the purposes of this section, so much of a period, being a period when rent is payable by a person in relation to a qualifying premises under a qualifying lease, shall be a relevant rental period as does not exceed &#8211;<\/p>\n<p>(a)10 years, or<\/p>\n<p>(b)the period by which 10 years exceeds &#8211;<\/p>\n<p>(i)any preceding period, or<\/p>\n<p>(ii)if there is more than one preceding period, the aggregate of those periods,<\/p>\n<p>for which rent was payable by that person or any other person in relation to that premises under a qualifying lease.<\/p>\n<p>(3)Subject to subsection (4), where in the computation of the amount of the profits or gains of a trade or profession a person is apart from this section entitled to any deduction (in this subsection referred to as &#8220;the first-mentioned deduction&#8221;) on account of rent in respect of a qualifying premises occupied by such person for the purposes of that trade or profession which is payable by such person for a relevant rental period in relation to that qualifying premises under a qualifying lease, such person shall be entitled in that computation to a further deduction (in this subsection referred to as &#8220;the second-mentioned deduction&#8221;) equal to the amount of the first-mentioned deduction but where the first-mentioned deduction is on account of rent payable by such person to a connected person, such person shall not be entitled in that computation to the second-mentioned deduction.<\/p>\n<p>(4)Where a person holds an interest in a qualifying premises out of which interest a qualifying lease is created directly or indirectly in respect of the qualifying premises and in respect of rent payable under the qualifying lease a claim for a further deduction under this section is made, and either such person or another person connected with such person &#8211;<\/p>\n<p>(a)takes under a qualifying lease a qualifying premises (in this subsection referred to as &#8220;the second-mentioned premises&#8221;) occupied by such person or such other person, as the case may be, for the purposes of a trade or profession, and<\/p>\n<p>(b)is apart from this section entitled, in the computation of the amount of the profits or gains of that trade or profession, to a deduction on account of rent in respect of the second-mentioned premises,<\/p>\n<p>then, unless such person or such other person, as the case may be, shows that the taking on lease of the second-mentioned premises was not undertaken for the sole or main benefit of obtaining a further deduction on account of rent under this section, such person or such other person, as the case may be, shall not be entitled in the computation of the amount of the profits or gains of that trade or profession to any further deduction on account of rent in respect of the second-mentioned premises.<\/p>\n<p>(5)<\/p>\n<p>(a)In this subsection &#8211;<\/p>\n<p>&#8220;current value&#8221;, in relation to minimum lease payments, means the value of those payments discounted to their present value at a rate which, when applied at the inception of the lease to &#8211;<\/p>\n<p>(i)those payments, including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee, and<\/p>\n<p>(ii)any unguaranteed residual value of the qualifying premises, excluding any part of such value for which the lessor will be accountable to the lessee,<\/p>\n<p>produces discounted present values the aggregate amount of which equals the amount of the fair value of the qualifying premises;<\/p>\n<p>&#8220;fair value&#8221;, in relation to a qualifying premises, means an amount equal to such consideration as might be expected to be paid for the premises on a sale negotiated on an arm&#8217;s length basis less any grants receivable towards the purchase of the qualifying premises;<\/p>\n<p>&#8220;inception of the lease&#8221; means the earlier of the time the qualifying premises is brought into use or the date from which rentals under the lease first accrue;<\/p>\n<p>&#8220;minimum lease payments&#8221; means the minimum payments over the remaining part of the term of the lease to be paid to the lessor, and includes any residual amount to be paid to the lessor at the end of the term of the lease and guaranteed by the lessee or by a person connected with the lessee;<\/p>\n<p>&#8220;unguaranteed residual value&#8221;, in relation to a qualifying premises, means that part of the residual value of that premises at the end of a term of a lease, as estimated at the inception of the lease, the realisation of which by the lessor is not assured or is guaranteed solely by a person connected with the lessor.<\/p>\n<p>(b)A finance lease, that is &#8211;<\/p>\n<p>(i)a lease in respect of a qualifying premises where, at the inception of the lease, the aggregate of the current value of the minimum lease payments (including any initial payment but excluding any payment or part of any payment for which the lessor will be accountable to the lessee) payable by the lessee in relation to the lease amounts to 90 per cent or more of the fair value of the qualifying premises, or<\/p>\n<p>(ii)a lease which in all the circumstances is considered to provide in substance for the lessee the risks and benefits associated with ownership of the qualifying premises other than legal title to that premises,<\/p>\n<p>shall not be a qualifying lease for the purposes of this section.<\/p>\n<p>372P. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 372S(2), a lease of the house the duration of which is not less than 3 months and the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4) (a) and (5) of section 372S, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying rural area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which is not less than 38 square metres and not more than 140 square metres,<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant cost&#8221;, in relation to a house, means, subject to subsection (4), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 372S(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 372S(7) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5) (b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 372S(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 372S(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 372S(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase,<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of the trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8220;the purchaser&#8221;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8220;the first purchase&#8221;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 372S shall apply for the purposes of supplementing this section.<\/p>\n<p>372Q. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;conversion expenditure&#8221; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying rural area, and<\/p>\n<p>(ii)which has not been previously in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying rural area, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 372S to &#8220;conversion&#8221;, &#8220;conversion into a house&#8221; and &#8220;expenditure incurred on conversion&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 372S(2), a lease of the house the duration of which is not less than 3 months and consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b) and (5) of section 372S, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which is not less than 38 square metres and not more than 175 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 372S(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 372S(7) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 372S(7) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 372S(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 372S(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 372S(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(11)Section 372S shall apply for the purposes of supplementing this section.<\/p>\n<p>372R. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying lease&#8221;, in relation to a house, means, subject to section 372S(2), a lease of the house the duration of which is not less than 3 months and the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8220;qualifying premises&#8221; means, subject to subsections (3), (4)(b) and (5) of section 372S, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which is not less than 38 square metres and not more than 175 square metres,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8220;relevant expenditure&#8221; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8220;non-residential unit&#8221;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8220;relevant period&#8221;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8220;specified building&#8221; means a building &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying rural area,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there is one or more than one house, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) one or more than one house.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 372S(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 372S(7) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 372S(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 372S(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 372S(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 372S(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house; but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1993.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 372S shall apply for the purposes of supplementing this section.<\/p>\n<p>372RA. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8220;qualifying expenditure&#8221;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8220;qualifying owner-occupied dwelling&#8221;, 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;<\/p>\n<p>&#8220;qualifying premises&#8221;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 372S, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying rural area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, and<\/p>\n<p>(d)the total floor area of which is not less than 38 square metres and not more than &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 210 square metres, or<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the of the qualifying premises, 210 square metres;<\/p>\n<p>&#8220;refurbishment&#8221; has the same meaning as in section 372R.<\/p>\n<p>(2)<\/p>\n<p>(a)Where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 5 per cent of the amount of that expenditure, or<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(aa)Notwithstanding paragraph (a), where the individual, or, being a husband or wife, the individual&#8217;s spouse, is assessed to tax in accordance with section 1017, the individual shall, except where section 1023 applies, be entitled to have the deduction, to which he or she is entitled under paragraph (a), made from his or her total income and the total income of his or her spouse, if any.<\/p>\n<p>(b)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 372S(7) as having been incurred in the qualifying period.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8220;any of the 9 subsequent years of assessment&#8221; there were substituted &#8220;any of the 10 subsequent years of assessment&#8221;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8220;3.7 per cent&#8221; and &#8220;7.4 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively, and<\/p>\n<p>(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 &#8220;1.3 per cent&#8221; and &#8220;2.6 per cent&#8221; were substituted for &#8220;5 per cent&#8221; and &#8220;10 per cent&#8221;, respectively.<\/p>\n<p>(3)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.<\/p>\n<p>(4)Section 372S shall apply for the purposes of supplementing this section.<\/p>\n<p>372S. Provisions supplementary to sections 372P to 372R.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 372P to 372RA &#8211;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 372P, 372Q, 372R or 372RA, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 372P, 372Q or 372R if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 372P, 372Q or 372R if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 372P(2), 372Q(4) or 372R(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 372P or, in so far as it applies to expenditure other than expenditure on refurbishment, section 372RA unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 372Q or 372R or, in so far as it applies to expenditure on refurbishment, section 372RA unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(5)A house shall not be a qualifying premises &#8211;<\/p>\n<p>(a)for the purposes of section 372P, 372Q, 372R or372RA, unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are premitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations, and<\/p>\n<p>(b)for the purposes of sections 372P, 372Q or 372R, unless, throughout the period of any qualifying lease related to that premises, the house is used as the sole or main residence of the lessee in relation to that qualifying lease.<\/p>\n<p>(6)For the purposes of sections 372P to 372RA, references in those sections to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 372P(2), 372Q(4), 372R(2) or 372RA(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of sections 372P and 372Q other than the purposes mentioned in subsection (7) (a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 372R other than the purposes mentioned in subsection (7) (a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 372RA other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)For the purposes of sections 372P to 372R, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(10)Section 555 shall apply as if a deduction under section 372P(2), 372Q(4) or 372R(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 372P(5), 372Q(7) or 372R(5), as the case may be, were a balancing charge.<\/p>\n<p>(11)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 372P, 372Q, 372R pr 372RA (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<p>372T. Non-application of relief in certain cases and provision against double relief.<br \/>\n(1)Notwithstanding any other provision of this Chapter sections 372M and 372N shall not apply &#8211;<\/p>\n<p>(a)in respect of expenditure incurred on the construction or refurbishment of a building or structure or a qualifying premises &#8211;<\/p>\n<p>(i)where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(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,<\/p>\n<p>(aa)in respect of expenditure incurred on or after 6 April 2001 on the construction or refurbishment of a building or structure or a qualifying premises where any part of such expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State,<\/p>\n<p>(ab)in respect of expenditure incurred on or after 1 January 2003 on the construction or refurbishment of any building or structure or qualifying premises provided for the purposes of a project which is subject to the notification requirements of &#8211;<\/p>\n<p>(i)the &#8220;Multisectoral framework on regional aid for large investment projects&#8221; prepared by the Commission of the European Communities and dated 7 April 1998, or<\/p>\n<p>(ii)the &#8220;Multisectoral framework on regional aid for large investment projects&#8221; prepared by the Commission of the European Communities and dated 19 March 2002,<\/p>\n<p>as the case may be, unless approval of the potential capital allowances involved has been received from that Commission by the Minister for Finance, or by such other Minister of the Government, agency or body as may be nominated for that purpose by the Minister for Finance,<\/p>\n<p>(b)in respect of expenditure incurred on the construction or refurbishment of a building or structure or 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 &#8211;<\/p>\n<p>(i)in the sector of agriculture, including the production, processing and marketing of agricultural products,<\/p>\n<p>(ii)in the coal industry, fishing industry or motor vehicle industry, or<\/p>\n<p>(iii)in the transport, steel, ship-building, synthetic fibres or financial services sectors,<\/p>\n<p>or<\/p>\n<p>(c)in relation to any building or structure or qualifying premises which is in use for the purposes of a trade, or any activity treated as a trade, where the number of individuals employed or engaged in the carrying on of the trade or activity amounts to or exceeds 250.<\/p>\n<p>(2)Where relief is given by virtue of any provision of this Chapter in relation to capital expenditure or other expenditure incurred on, or rent payable in respect of, any building, structure or premises, relief shall not be given in respect of that expenditure or that rent under any other provision of the Tax Acts.<\/p>\n<h4>Chapter 9 Qualifying rural areas (ss. 372U-372Z)<\/h4>\n<p>372U. Interpretation (Chapter 9).<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;guidelines&#8221; means, subject to subsection (2), guidelines in relation to &#8211;<br \/>\n(a)the location, development and operation of park and ride facilities,<br \/>\n(b)the development of commercial activities located at qualifying park and ride facilities, and<br \/>\n(c)the development of certain residential accommodation located at certain qualifying park and ride facilities,<br \/>\nissued by the Minister for the Environment and Local Government following consultation with the Minister for Public Enterprise and with the consent of the Minister for Finance;<\/p>\n<p>&#8220;park and ride facility&#8221; means &#8211;<br \/>\n(a)a building or structure served by a bus or train service, in use for the purpose of providing, for members of the public generally, intending to continue a journey by bus or train and without preference for any particular class of person and on payment of an appropriate charge, parking space for mechanically propelled vehicles, and<br \/>\n(b)any area under, over or immediately adjoining the building or structure to which paragraph (a) refers on which a qualifying premises (within the meaning of section 372W or 372AK) is or is to be situated;<\/p>\n<p>&#8220;property developer&#8221; 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;<\/p>\n<p>&#8220;qualifying park and ride facility&#8221; means a park and ride facility in respect of which the relevant local authority, in consultation with such other agencies as may be specified in the guidelines, gives a certificate in writing to the person constructing or refurbishing such a facility stating that it is satisfied that the facility complies with the criteria and requirements laid down in the guidelines;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on 1 July 1999 and ending on &#8211;<br \/>\n(a)31 December 2004, or<br \/>\n(b)where subsection (1A) applies, 31 December 2006, or<br \/>\n(c)where subsections (1A) and (3) apply, 31 July 2008;<\/p>\n<p>&#8220;the relevant local authority&#8221; in relation to the construction or refurbishment of a park and ride facility or a qualifying premises within the meaning of section 372W, means &#8211;<br \/>\n(a)in respect of the county boroughs of Cork, Dublin, Galway, Limerick and Waterford, the corporation of the borough concerned,<br \/>\n(b)in respect of the administrative counties of Clare, Cork, D\u00fan Laoghaire-Rathdown, Fingal, Galway, Kildare, Kilkenny, Limerick, Meath, South Dublin, Waterford and Wicklow, the council of the county concerned,<br \/>\n(c)an urban district council situated in the administrative county of Kildare, Meath or Wicklow,<br \/>\nin whose functional area the park and ride facility is situated.<\/p>\n<p>(1A)This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if &#8211;<\/p>\n<p>(a)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>(b)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>or<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)a detailed plan in relation to the development work is prepared,<\/p>\n<p>(ii)a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and<\/p>\n<p>(iii)work to the value of 5 per cent of the development costs is carried out, not later than 31 December 2004.<\/p>\n<p>(2)For the purposes of this Chapter, and without prejudice to the generality of the meaning of the guidelines referred to in subsection (1), the guidelines may include provisions in relation to all or any one or more of the following:<\/p>\n<p>(a)the criteria for determining the suitability of a site as a location for a park and ride facility,<\/p>\n<p>(b)the conditions to apply in relation to the provision of transport services to and from a park and ride facility, including provision for a formal agreement between a transport service provider and a park and ride facility operator where these functions are discharged by separate persons,<\/p>\n<p>(c)the hours of operation of a park and ride facility and the level and structure of charges to be borne by members of the public in respect of parking and the use of transport services to or from a park and ride facility,<\/p>\n<p>(d)the minimum number of vehicle parking spaces to be provided in a park and ride facility,<\/p>\n<p>(e)the proportion of parking space, if any, in a park and ride facility which may, subject to any necessary conditions, be allocated for purposes connected with any commercial or residential development at a park and ride facility,<\/p>\n<p>(f)the requirements to apply in relation to the development and operation of commercial activities, if any, at a park and ride facility, including requirements necessary to ensure that those activities do not have an adverse effect on the development and operation of the park and ride facility, and<\/p>\n<p>(g)the requirements to apply in relation to the provision of residential accommodation, if any, at a park and ride facility, including requirements necessary to ensure that such accommodation does not have an adverse effect on the development and operation of the park and ride facility.<\/p>\n<p>(3)This subsection shall apply in relation to the construction or refurbishment of a building or structure which is a qualifying park and ride facility or a qualifying premises (within the meaning of section 372W(1)) where &#8211;<\/p>\n<p>(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, and<\/p>\n<p>(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.<\/p>\n<p>372V. Capital allowances in relation to construction or refurbishment of certain park and ride facilities.<br \/>\n(1)<\/p>\n<p>(a)Subject to subsections (2) to (4A) and (as inserted by the Finance Act 2006) section 270(4), 270(5), 270(6) and 316(2B), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply as if a qualifying park and ride facility were, at all times at which it is a qualifying park and ride facility, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a).<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying park and ride facility only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(2)In a case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying park and ride facility, subsection (1) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the qualifying park and ride facility immediately before that expenditure is incurred.<\/p>\n<p>(2A)This section shall not apply in respect of expenditure incurred on the construction or refurbishment of a qualifying park and ride facility &#8211;<\/p>\n<p>(a)where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(b)either the person referred to in paragraph (a) or a person connected (within the meaning of section 10) with that person incurred the expenditure on the construction or refurbishment of the qualifying park and ride facility concerned.<\/p>\n<p>(3)For the purposes of the application, by subsection (1), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying park and ride facility &#8211;<\/p>\n<p>(a)section 271 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)as if in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)as if subsection (3) of that section were deleted,<\/p>\n<p>(iv)as if the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)as if in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (1) of that section, the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(ii)as if subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(4)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying park and ride facility by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying park and ride facility was first used or, where subsection (4A) applies, first used as a qualifying park and ride facility, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying park and ride facility was incurred.<\/p>\n<p>(4A)Notwithstanding subsections (1), (3)(a) and (4), where it is shown in respect of a building or structure which is to be a qualifying park and ride facility that the relevant local authority is unable to give the certificate in writing referred to in the definition of &#8220;qualifying park and ride facility&#8221; in section 372U(1) due to a delay in the provision of a train service to serve the building or structure, then, in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of that building or structure &#8211;<\/p>\n<p>(a)section 271 shall apply &#8211;<\/p>\n<p>(i)as if in the definition of &#8220;appropriate chargeable period&#8221; in subsection (1) of that section &#8220;the chargeable period in which the building or structure becomes an industrial building or structure&#8221; were substituted for &#8220;the chargeable period related to the expenditure&#8221;, and<\/p>\n<p>(ii)as if in subsection (6) of that section &#8220;if, within 5 years of the building or structure coming to be used, it is not an industrial building or structure&#8221; were substituted for &#8220;if the building or structure, when it comes to be used, is not an industrial building or structure&#8221;,<\/p>\n<p>(b)section 272 shall apply as if in subsection (4)(a)(ii) of that section &#8220;beginning with the time when the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;beginning with the time when the building or structure was first used&#8221;,<\/p>\n<p>(c)section 274 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (1)(b)(i)(II) of that section &#8220;after the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;after the building or structure was first used&#8221;, and<\/p>\n<p>(ii)as if in subsection (5)(a) of that section &#8220;when the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;when the building or structure was first used for any purpose&#8221;,<\/p>\n<p>(d)section 277 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (2) of that section &#8220;when the building or structure is first used as an industrial building or structure&#8221; were substituted for &#8220;when the building or structure is first used&#8221;, and<\/p>\n<p>(ii)as if in subsection (4)(a) of that section &#8220;when the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;when the building or structure was first used for any purpose&#8221;,<\/p>\n<p>(e)section 278 shall apply as if in subsection (2) of that section &#8220;before the building or structure is first used as an industrial building or structure&#8221; were substituted for &#8220;before the building or structure is first used for any purpose&#8221;, and<\/p>\n<p>(f)section 279 shall apply as if in subsections (2) and (3) of that section &#8220;before the building or structure is used as an industrial building or structure or within the period of one year after it commences to be so used&#8221; were substituted for &#8220;before the building or structure is used or within the period of one year after it commences to be used&#8221; (in each place where it occurs in those subsections).<\/p>\n<p>(5)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (1), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying park and ride facility is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the qualifying park and ride facility actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(6)Where an allowance is given under this section in respect of capital expenditure incurred on the construction or refurbishment of a qualifying park and ride facility, no allowance shall be given in respect of that expenditure by virtue of any other provision of the Tax Acts.<\/p>\n<p>372W. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\n(1)In this section &#8220;qualifying premises&#8221; means a building or structure the site of which is wholly within the site of a qualifying park and ride facility and &#8211;<\/p>\n<p>(a)in respect of which the relevant local authority gives to the person constructing or refurbishing the premises a certificate in writing stating that it is satisfied that the premises and the activity to be carried on in the premises complies with the requirements laid down in the guidelines in relation to the development of commercial activity at a qualifying park and ride facility,<\/p>\n<p>(b)which apart from this section is not an industrial building or structure within the meaning of section 268(1), and<\/p>\n<p>(c)<\/p>\n<p>(i)is in use for the purposes of the retailing of goods or the provision of services only within the State but excluding any building or structure in use &#8211;<\/p>\n<p>(I)as offices, or<\/p>\n<p>(II)for the provision of mail order or financial services,<\/p>\n<p>or<\/p>\n<p>(ii)is let on bona fide commercial terms for such use as is referred to in subparagraph (i) and for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraphs (b) and (c), subsections (3) to (5A) and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6) and 316(2B), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1) (a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(c)<\/p>\n<p>(i)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises at a park and ride facility only in so far as that expenditure when aggregated with &#8211;<\/p>\n<p>(I)other capital expenditure, if any, incurred on the construction or refurbishment of other qualifying premises and in respect of which an allowance would or would but for this paragraph be given, and<\/p>\n<p>(II)other expenditure, if any, in respect of which there is provision for a deduction to be made by virtue of section 372AP or 372AR,<\/p>\n<p>incurred at that park and ride facility, does not exceed one-half of the total capital 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 paragraph or section 372AP(5) or 372AR(5), be made by virtue of any provision of this Chapter or Chapter 11.<\/p>\n<p>(ii)A person who has incurred capital expenditure on the construction or refurbishment of a qualifying premises at a park and ride facility and who claims to have complied with the requirements of subparagraph (i) 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 it stating that it is satisfied that those requirements have been met.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 10 per cent of the market value of the qualifying premises immediately before that expenditure was incurred.<\/p>\n<p>(3A)This section shall not apply in respect of expenditure incurred on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(b)either the person referred to in paragraph (a) or a person connected (within the meaning of section 10) with that person incurred the expenditure on the construction or refurbishment of the qualifying premises concerned.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted,<\/p>\n<p>(ii)as if in subsection (2)(a)(i) of that section &#8220;to which subsection (3) applies&#8221; were deleted,<\/p>\n<p>(iii)as if subsection (3) of that section were deleted,<\/p>\n<p>(iv)as if the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8220;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8221;,<\/p>\n<p>and<\/p>\n<p>(v)as if in subsection (5) of that section &#8220;to which subsection (3)(c) applies&#8221; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (1) of that section the definition of &#8220;industrial development agency&#8221; were deleted, and<\/p>\n<p>(ii)as if subsections (2)(b) and (3) to (7) of that section were deleted.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occur &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used or, where subsection (5A) applies, first used as a qualifying premises, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(5A)Notwithstanding subsections (2)(a), (4)(a) and (5), where it is shown in respect of a building or structure which is to be a qualifying premises that the relevant local authority is unable to give the certificate in writing referred to in subsection (1) (a) relating to compliance with certain requirements at a park and ride facility which would be a qualifying park and ride facility but for the delay referred to in section 372V(4A), then, in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of the building or structure &#8211;<\/p>\n<p>(a)section 271 shall apply &#8211;<\/p>\n<p>(i)as if in the definition of &#8220;appropriate chargeable period&#8221; in subsection (1) of that section &#8220;the chargeable period in which the building or structure becomes an industrial building or structure&#8221; were substituted for &#8220;the chargeable period related to the expenditure&#8221;, and<\/p>\n<p>(ii)as if in subsection (6) of that section &#8220;if, within 5 years of the building or structure coming to be used, it is not an industrial building or structure&#8221; were substituted for &#8220;if the building or structure, when it comes to be used, is not an industrial building or structure&#8221;,<\/p>\n<p>(b)section 272 shall apply as if in subsection (4)(a)(ii) of that section &#8220;beginning with the time when the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;beginning with the time when the building or structure was first used&#8221;,<\/p>\n<p>(c)section 274 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (1)(b)(i)(II) of that section &#8220;after the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;after the building or structure was first used&#8221;, and<\/p>\n<p>(ii)as if in subsection (5) (a) of that section &#8220;when the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;when the building or structure was first used for any purpose&#8221;,<\/p>\n<p>(d)section 277 shall apply &#8211;<\/p>\n<p>(i)as if in subsection (2) of that section &#8220;when the building or structure is first used as an industrial building or structure&#8221; were substituted for &#8220;when the building or structure is first used&#8221;, and<\/p>\n<p>(ii)as if in subsection (4)(a) of that section &#8220;when the building or structure was first used as an industrial building or structure&#8221; were substituted for &#8220;when the building or structure was first used for any purpose&#8221;,<\/p>\n<p>(e)section 278 shall apply as if in subsection (2) of that section &#8220;before the building or structure is first used as an industrial building or structure&#8221; were substituted for &#8220;before the building or structure is first used for any purpose&#8221;, and<\/p>\n<p>(f)section 279 shall apply as if in subsections (2) and (3) of that section &#8220;before the building or structure is used as an industrial building or structure or within the period of one year after it commences to be so used&#8221; were substituted for &#8220;before the building or structure is used or within the period of one year after it commences to be used&#8221; (in each place where it occurs in those subsections).<\/p>\n<p>(6)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(7)Where an allowance is given under this section in respect of capital expenditure incurred on the construction or refurbishment of a qualifying premises, no allowance shall be given in respect of that expenditure by virtue of any other provision of the Tax Acts.<\/p>\n<p>372X. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 372Z(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4) and (5) of section 372Z, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within the site of a qualifying park and ride facility,<\/p>\n<p>(b)in respect of which the relevant local authority gives to the person constructing the house a certificate in writing stating that it is satisfied that the house or, in a case where the house is one of a number of houses in a single development, the development of which it is part complies with the requirements laid down in the guidelines in relation to the development of certain residential accommodation at a park and ride facility,<\/p>\n<p>(c)which is used solely as a dwelling,<\/p>\n<p>(d)the total floor area of which is not less than 38 square metres and not more than 125 square metres,<\/p>\n<p>(e)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(f)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;relevant cost&#8217;, in relation to a house, means, subject to subsection (5), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsections (3) and (4), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 372Z(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises (which is to be treated under section 372Z(7) as having been incurred in the qualifying period) bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)<\/p>\n<p>(a)A person shall be entitled to a deduction by virtue of subsection (2) in respect of capital expenditure incurred on the construction of qualifying premises at a park and ride facility only in so far as that expenditure when aggregated with &#8211;<\/p>\n<p>(i)other capital expenditure, if any, incurred on the construction of other qualifying premises and in respect of which a deduction would or would but for this subsection be made, and<\/p>\n<p>(ii)other expenditure, if any, in respect of which there is provision for a deduction under section 372Y, incurred at that park and ride facility, does not exceed one-quarter of the total capital 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 372Y(2)(c), be made by virtue of any provision of this Chapter.<\/p>\n<p>(b)A person who has incurred capital expenditure on the construction of a qualifying premises 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 it stating that it is satisfied that those requirements have been met.<\/p>\n<p>(5)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevent cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(6)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(7)<\/p>\n<p>(a)Where the event mentioned in subsection (6)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 372Z(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (8), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 372Z(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(8)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 372Z(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase,<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of the trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8216;the purchaser\u2019) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8216;the first purchase\u2019), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(9)Section 372Z shall apply for the purposes of supplementing this section.<\/p>\n<p>372Y. Residential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;qualifying expenditure&#8217;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8216;qualifying owner-occupied dwelling&#8217;, 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;<\/p>\n<p>&#8216;qualifying premises&#8217;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 372Z, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within the site of a qualifying park and ride facility,<\/p>\n<p>(b)in respect of which the relevant local authority gives to the person constructing the house a certificate in writing stating that it is satisfied that the house or, in a case where the house is one of a number of houses in a single development, the development of which it is part complies with the requirements laid down in the guidelines in relation to the development of certain residential accommodation at a park and ride facility,<\/p>\n<p>(c)which is used solely as a dwelling,<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)the total floor area of which is not less than 38 square metres and not more than 125 square metres.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraphs (b) and (c), where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 5 per cent of the amount of that expenditure.<\/p>\n<p>(aa)Notwithstanding paragraph (a), where the individual, or, being a husband or wife, the individual&#8217;s spouse, is assessed to tax in accordance with section 1017, the individual shall, except where section 1023 applies, be entitled to have the deduction, to which he or she is entitled under paragraph (a), made from his or her total income and the total income of his or her spouse, if any.<\/p>\n<p>(b)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 372Z(7) as having been incurred in the qualifying period.<\/p>\n<p>(c)<\/p>\n<p>(i)A person shall be entitled to a deduction by virtue of this subsection in respect of qualifying expenditure incurred at a park and ride facility only in so far as that expenditure when aggregated with &#8211;<\/p>\n<p>(I)other qualifying expenditure, if any, in respect of which a deduction would or would but for this paragraph be made, and<\/p>\n<p>(II)other expenditure, if any, in respect of which there is provision for a deduction under section 372X,<\/p>\n<p>incurred at that park and ride facility, does not exceed one-quarter of the total capital 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 paragraph or section 372W(2) (c) or 372X(4), be made by virtue of any provision of this Chapter.<\/p>\n<p>(ii)A person who has incurred qualifying expenditure at a park and ride facility and who claims to have complied with the requirements of subparagraph (i) 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 it stating that it is satisfied that those requirements have been met.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2)(a) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8216;any of the 9 subsequent years of assessment&#8217; there were substituted &#8216;any of the 10 subsequent years of assessment&#8217;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8216;3.7 per cent&#8217; were substituted for &#8216;5 per cent&#8217;, and<\/p>\n<p>(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 &#8216;1.3 per cent&#8217; were substituted for &#8216;5 per cent&#8217;.<\/p>\n<p>(3)Where qualifying expenditure in relation to a qualifying premises is incurred by 2 or more persons, then 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.<\/p>\n<p>(4)Section 372Z shall apply for the purposes of supplementing this section.<\/p>\n<p>372Z. Provisions supplementary to sections 372X and 372Y.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 372X and 372Y &#8211;<\/p>\n<p>&#8216;certificate of reasonable cost&#8217; means a certificate granted by the Minister for the Environment and Local Government for the purposes of section 372X or 372Y, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8216;house&#8217; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8216;total floor area&#8217; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 372X if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 372X if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of the house, to a deduction under section 372X(2), and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)A house shall not be a qualifying premises for the purposes of section 372X or 372Y unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 372X or 372Y unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)For the purposes of sections 372X or 372Y, references in those sections to the construction of any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 372X(2) or 372Y(2), as the case may be, whether and to what extent expenditure incurred on the construction of a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of the qualifying premises were references to the development of such land.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of section 372X, other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction of a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 372Y, other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)For the purposes of section 372X, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(10)Section 555 shall apply as if a deduction under section 372X(2) were a capital allowance and as if any rent deemed to have been received by a person under section 372X(6) were a balancing charge.<\/p>\n<p>(11)Where a deduction in respect of expenditure is given under section 372X(2) or 372Y(2), relief shall not be given in respect of that expenditure under any other provision of the Tax Acts.<\/p>\n<p>(12)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 372X or 372Y (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<h4>Chapter 10 Designated areas of certain towns (ss. 372AA-372AJ)<\/h4>\n<p>372AA. Interpretation and application (Chapter 10).<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;facade&#8221; in relation to a building or structure, part of a building or structure, or a house, means the exterior wall of the building or structure, the part of the building or structure or, as the case may be, the house which fronts on to a street;<\/p>\n<p>&#8220;lease, lessee, lessor, premium and rent&#8221;, &#8220;lessee&#8221;, &#8220;lessor&#8221;, &#8220;premium&#8221; and &#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221; 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;<\/p>\n<p>&#8220;property developer&#8221; 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;<\/p>\n<p>&#8220;qualifying area&#8221; means an area or areas specified as a qualifying area under section 372AB;<\/p>\n<p>&#8220;qualifying period&#8221; means, subject to section 372AB, the period commencing on 6 April 2001 and ending on &#8211;<br \/>\n(a)31 December 2004, or<br \/>\n(b)where subsection (1A) applies, 31 December 2006, or<br \/>\n(c)where subsections (1A) and (3) apply, 31 July 2008;<\/p>\n<p>&#8220;refurbishment&#8221; in relation to a building or structure, 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;<\/p>\n<p>&#8220;street&#8221; includes part of a street and the whole or part of any road, square, quay or lane.<\/p>\n<p>(1A)This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if &#8211;<\/p>\n<p>(a)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>(b)<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>or<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)a detailed plan in relation to the development work is prepared,<\/p>\n<p>(ii)a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and<\/p>\n<p>(iii)work to the value of 5 per cent of the development costs is carried out, not later than 31 December 2004.<\/p>\n<p>(2)This Chapter and Chapter 11 of this Part shall apply if the Oireachtas passes an Act which refers to this Chapter and provides for the renewal of certain urban areas and the submission of plans (to be known as &#8216;Town Renewal Plans&#8217;) to the Minister for the Environment and Local Government which have been drawn up by county councils (being county councils as referred to in such Act) in respect of an area or areas identified by such an authority on the basis of criteria prepared by that Minister, including physical and socio-economic renewal of such an area or areas.<\/p>\n<p>(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 or part of a building or structure the site of which is wholly within a qualifying area where &#8211;<\/p>\n<p>(a)the person who is constructing or refurbishing the building or structure or the part of 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 or the part of the building or structure,<\/p>\n<p>(b)the person referred to in paragraph (a) or, where the building or structure or the part of 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,<\/p>\n<p>(c)a binding contract in writing under which expenditure on the construction or refurbishment of the building or structure or the part of a building or structure is incurred was in existence on or before 31 July 2006, and<\/p>\n<p>(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.<\/p>\n<p>372AB. Qualifying areas.<br \/>\n(1)The Minister for Finance may, on the recommendation of the Minister for the Environment and Local Government (which recommendation shall take into consideration a Town Renewal Plan submitted by a local authority to that Minister in respect of an area identified by it), by order direct that &#8211;<\/p>\n<p>(a)the area or areas described (being wholly located within the boundaries of the area to which the Town Renewal Plan relates) in the order shall be a qualifying area for the purposes of one or more sections of this Chapter or Chapter 11 of this Part,<\/p>\n<p>(b)where such an area or areas is or are to be a qualifying area &#8211;<\/p>\n<p>(i)for the purposes of section 372AC, that area or those areas shall be a qualifying area for the purposes of one or more of the following<\/p>\n<p>(I)the construction,<\/p>\n<p>(II)the refurbishment, and<\/p>\n<p>(III)the refurbishment of the facade,<\/p>\n<p>of a building or structure to which that section applies,<\/p>\n<p>(ii)for the purposes of section 372AD &#8211;<\/p>\n<p>(I)one or more of the categories of building or structure mentioned in subsection (2) shall or shall not be a qualifying premises within the meaning of that section, and<\/p>\n<p>(II)that area or those areas shall be a qualifying area for the purposes of either or both the construction of, and the refurbishment of, a qualifying premises within the meaning of that section,<\/p>\n<p>and<\/p>\n<p>(iii)for the purposes of section 372AH, that area or those areas may be a qualifying area for the purposes of one or more of the following &#8211;<\/p>\n<p>(I)the construction of,<\/p>\n<p>(II)the conversion into,<\/p>\n<p>(III)the refurbishment (within the meaning of Chapter 11 of this Part) of, and<\/p>\n<p>(IV)the refurbishment (within the meaning of Chapter 11 of this Part) of the facade of,<\/p>\n<p>a qualifying premises (within the meaning of that Chapter),<\/p>\n<p>(ba)where such an area or areas is or are to be a qualifying area for the purposes of section 372AP, that section shall apply in relation to that area or those areas in so far as that section relates to one or more of the following:<\/p>\n<p>(i)expenditure incurred on the construction of a house,<\/p>\n<p>(ii)conversion expenditure incurred in relation to a house,<\/p>\n<p>(iii)refurbishment expenditure incurred in relation to a house, and<\/p>\n<p>(iv)refurbishment expenditure incurred in relation to the facade of a house,<\/p>\n<p>(c)as respects any such area so described in the order, the definition of &#8216;qualifying period&#8217; in section 372AA and section 372AL shall be construed as a reference to such period as shall be specified in the order in relation to that area; but no such period specified in the order shall commence before &#8211;<\/p>\n<p>(i)in the case of sections 372AC and 372AD, 6 April 2001, and<\/p>\n<p>(ii)in the case of any provision of Chapter 11 of this Part, 1 April 2000,<\/p>\n<p>or end after 31 December 2004, or &#8211;<\/p>\n<p>(I)in the case of sections 372AC and 372AD &#8211;<\/p>\n<p>(A)where subsection (1A) of section 372AA applies, end after 31 December 2006, or<\/p>\n<p>(B)where subsections (1A) and (3) of section 372AA apply, end after 31 July 2008,<\/p>\n<p>and<\/p>\n<p>(II)in the case of any provision of Chapter 11 of this Part &#8211;<\/p>\n<p>(A)where subsection (1A) of section 372AL applies, end after 31 December 2006, or<\/p>\n<p>(B)where subsections (1A) and (3) of section 372AL apply, end after 31 July 2008.<\/p>\n<p>(2)The categories of building or structure referred to in subsection (1)(b)(ii)(I) shall be &#8211;<\/p>\n<p>(a)buildings or structures in use as offices,<\/p>\n<p>(b)any other buildings or structures and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their construction or refurbishment relates to the construction or refurbishment of buildings or structures in use as offices,<\/p>\n<p>(c)the facade of a building or structure or part of a building or structure referred to in paragraph (a), and<\/p>\n<p>(d)the facade of a building or structure or part of a building or structure referred to in paragraph (b).<\/p>\n<p>(2A)The power to make an order under subsection (1) includes the power to amend or revoke the order.<\/p>\n<p>(3)Every order made by the Minister for Finance under subsection (1) shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9irean within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(4)Notwithstanding an order under subsection (1), the granting of relief by virtue of any provision of this Chapter or Chapter 11 of this Part shall be subject to such other requirements as may be specified in or under the Act referred to in section 372AA(2).<\/p>\n<p>372AC. Accelerated capital allowances in relation to construction or refurbishment of certain industrial buildings or structures.<br \/>\n(1)In this section, &#8216;building or structure to which this section applies&#8217; means a building or structure or part of a building or structure the site of which is wholly within a qualifying area and which is to be an industrial building or structure by reason of its use for a purpose specified in section 268(1)(a).<\/p>\n<p>(2)Subject to section 372AJ and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), section 271 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8216;industrial development agency&#8217; were deleted,<\/p>\n<p>(b)in subsection (2)(a)(i) of that section &#8216;to which subsection (3) applies&#8217; were deleted,<\/p>\n<p>(c)subsection (3) of that section were deleted,<\/p>\n<p>(d)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8216;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8217;,<\/p>\n<p>and<\/p>\n<p>(e)in subsection (5) of that section &#8216;to which subsection (3)(c) applies&#8217; were deleted.<\/p>\n<p>(3)Subject to section 372AJ and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), section 273 shall apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in subsection (1) of that section the definition of &#8216;industrial development agency&#8217; were deleted,<\/p>\n<p>(b)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8216;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8217;,<\/p>\n<p>and<\/p>\n<p>(c)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(4)Notwithstanding section 274(1), no balancing charge shall be made in relation to a building or structure to which this section applies by reason of any of the events specified in that section which occurs &#8211;<\/p>\n<p>(a)more than 13 years after the building or structure was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the building or structure was incurred.<\/p>\n<p>(5)For the purposes only of determining, in relation to a claim for an allowance under section 271 or 273 as applied by this section, whether and to what extent capital expenditure incurred on the construction or refurbishment of an industrial building or structure is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, the refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372AD. Capital allowances in relation to construction or refurbishment of certain commercial premises.<br \/>\n(1)In this section, &#8216;qualifying premises&#8217; means a building or structure or part of a building or structure the site of which is wholly within a qualifying area and which &#8211;<\/p>\n<p>(a)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(b)<\/p>\n<p>(i)is in use for the purposes of a trade or profession, or<\/p>\n<p>(ii)whether or not it is so used, is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), subsections (3) and (4), section 372AJ and (as inserted by the Finance Act 2006) sections 270(4), 270(5), 270(6), 270(7) and 316(2B), the provisions of the Tax Acts (other than section 372AC) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if a qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity &#8211;<\/p>\n<p>(I)carried on in the qualifying premises, or<\/p>\n<p>(II)in a case where the facade of a building or structure or part of a building or structure is a qualifying premises, carried on in the building or structure or the part of the building or structure,<\/p>\n<p>is not a trade, as if it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)For the purposes of the application, by subsection (2), of sections 271 and 273 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 271 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8216;industrial development agency&#8217; were deleted,<\/p>\n<p>(ii)in subsection (2)(a)(i) of that section &#8216;to which subsection (3) applies&#8217; were deleted,<\/p>\n<p>(iii)subsection (3) of that section were deleted,<\/p>\n<p>(iv)the following subsection were substituted for subsection (4) of that section:<\/p>\n<p>&#8216;(4)An industrial building allowance shall be of an amount equal to 50 per cent of the capital expenditure mentioned in subsection (2).&#8217;,<\/p>\n<p>and<\/p>\n<p>(v)in subsection (5) of that section &#8216;to which subsection (3)(c) applies&#8217; were deleted,<\/p>\n<p>and<\/p>\n<p>(b)section 273 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section the definition of &#8216;industrial development agency&#8217; were deleted,<\/p>\n<p>(ii)the following paragraph were substituted for paragraph (b) of subsection (2) of that section:<\/p>\n<p>&#8216;(b)As respects any qualifying expenditure, any allowance made under section 272 and increased under paragraph (a) in respect of that expenditure, whether claimed for one chargeable period or more than one such period, shall not in the aggregate exceed 50 per cent of the amount of that qualifying expenditure.&#8217;,<\/p>\n<p>and<\/p>\n<p>(iii)subsections (3) to (7) of that section were deleted.<\/p>\n<p>(4)Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occur &#8211;<\/p>\n<p>(a)more than 13 years after the qualifying premises was first used, or<\/p>\n<p>(b)in a case where section 276 applies, more than 13 years after the capital expenditure on refurbishment of the qualifying premises was incurred.<\/p>\n<p>(5)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372AE. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 372AI(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4)(a), (4)(c) and (5) of section 372AI, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which is not less than 38 square metres and not more than 125 square metres,<\/p>\n<p>(d)in respect of which there is in force either a certificate of compliance or, if it is not a house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e) which without having been used is first let in its entirely under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;relevant cost&#8217;, in relation to a house, means, subject to subsection (4), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 372AI(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 372AI(7) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 372AI(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 372AI(7) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 372AI(7) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase;<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of the trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8216;the purchaser&#8217;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8216;the first purchase&#8217;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 372AI shall apply for the purposes of supplementing this section.<\/p>\n<p>372AF. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;conversion expenditure&#8217; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building or part of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying area, and<\/p>\n<p>(ii)which has not been previously in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building or part of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying area, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 372AI to &#8216;conversion&#8217;, &#8216;conversion into a house&#8217; and &#8216;expenditure incurred on conversion&#8217; shall be construed accordingly;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 372AI(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4)(b), (4)(c) and (5) of section 372AI, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which is not less than 38 square metres and not more than 150 square metres,<\/p>\n<p>(c)in respect of which there is in force either a certificate of compliance or, if it is not a converted house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house to which the certificate relates is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8216;non-residential unit&#8217;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 372AI(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises which is to be treated under section 372AI(7) as having been incurred in the qualifying period bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of building in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 372AI(7) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 372AI(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 372AI(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 372AI(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1999.<\/p>\n<p>(11)Section 372AI shall apply for the purposes of supplementing this section.<\/p>\n<p>372AG. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;facade&#8217;, in relation to a house, means the exterior wall of the house which fronts on to a street;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 372AI(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4)(b), (4)(c) and (5) of section 372AI, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which is not less than 38 square metres and not more than 150 square metres,<\/p>\n<p>(c)in respect of which there is in force either a certificate of compliance or, if it is not a refurbished house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house to which the certificate relates is not less than the relevant expenditure actually incurred on such refurbishment but where the relevant expenditure relates solely to a facade this paragraph shall not apply, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;refurbishment&#8217; means &#8211;<\/p>\n<p>(a)in relation to a building, either or both of the following &#8211;<\/p>\n<p>(i)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(ii)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost or certificate of compliance, as the case may be, granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment,<\/p>\n<p>(b)in relation to a facade, any work of construction, reconstruction, repair or renewal carried out in the course of the repair or restoration, or maintenance in the nature of repair or restoration of a facade;<\/p>\n<p>&#8216;relevant expenditure&#8217; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8216;non-residential unit&#8217;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8216;specified building&#8217; means a building or part of a building &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there is one or more than one house, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) one or more than one house;<\/p>\n<p>&#8216;street&#8217; includes part of a street and the whole or part of any road, square, quay or lane.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 372AI(7) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i) the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises which is to be treated under section 372AI(7) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 372AI(7) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 372AI(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 372AI(7) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 372AI(7) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1999.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 372AI shall apply for the purposes of supplementing this section.<\/p>\n<p>372AH. Residential accommodation allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;facade&#8217; has the same meaning as in section 372AG;<\/p>\n<p>&#8216;qualifying expenditure&#8217;, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which 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 &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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;<\/p>\n<p>&#8216;qualifying owner-occupied dwelling&#8217;, 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;<\/p>\n<p>&#8216;qualifying premises&#8217;, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 372AI, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which there is in force either a certificate of compliance or, if it is not a house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, but where the qualifying expenditure relates solely to a facade this paragraph shall not apply, and<\/p>\n<p>(d)the total floor area of which is not less than 38 square metres and not more than &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 125 square metres, or<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 210 square metres;<\/p>\n<p>&#8216;refurbishment&#8217; has the same meaning as in section 372AG;<\/p>\n<p>&#8216;street&#8217; has the same meaning as in section 372AG.<\/p>\n<p>(2)<\/p>\n<p>(a)Where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be 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 &#8211;<\/p>\n<p>(i)in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 5 per cent of the amount of that expenditure, or<\/p>\n<p>(ii)in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.<\/p>\n<p>(b)Notwithstanding paragraph (a), where the individual, or, being a husband or wife, the individual&#8217;s spouse, is assessed to tax in accordance with section 1017, the individual shall, except where section 1023 applies, be entitled to have the deduction, to which he or she is entitled under paragraph (a), made from his or her total income and the total income of his or her spouse, if any.<\/p>\n<p>(c)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 372AI(7) as having been incurred in the qualifying period.<\/p>\n<p>(2A)Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply &#8211;<\/p>\n<p>(a)as if for &#8216;any of the 9 subsequent years of assessment&#8217; there were substituted &#8216;any of the 10 subsequent years of assessment&#8217;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8216;3.7 per cent&#8217; and &#8216;7.4 per cent&#8217; were substituted for &#8216;5 per cent&#8217; and &#8217;10 per cent&#8217;, respectively, and<\/p>\n<p>(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 &#8216;1.3 per cent&#8217; and &#8216;2.6 per cent&#8217; were substituted for &#8216;5 per cent&#8217; and &#8217;10 per cent&#8217;, respectively.<\/p>\n<p>(3)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.<\/p>\n<p>(4)<\/p>\n<p>(a)Section 372AE(4), in relation to the apportionment of qualifying expenditure incurred on the construction of a qualifying premises and section 372AE(7), in relation to the amount of expenditure to be treated as incurred in the qualifying period on the construction of a house which is sold before it is used, shall, with any necessary modifications, apply in relation to qualifying expenditure incurred on the construction of a qualifying premises within the meaning of this section, as they apply in relation to expenditure incurred under section 372AE.<\/p>\n<p>(b)Section 372AG(4), in relation to the apportionment of relevant expenditure incurred on the refurbishment of a qualifying premises, and section 372AG(7), in relation to the amount of relevant expenditure to be treated as incurred in the qualifying period on the refurbishment of a house which is sold before it is used subsequent to the incurring of that expenditure, shall, with any necessary modifications, apply in relation to qualifying expenditure incurred on the refurbishment of a qualifying premises within the meaning of this section, as they apply in relation to relevant expenditure incurred under section 372AG.<\/p>\n<p>(5)Section 372AI shall apply for the purposes of supplementing this section.<\/p>\n<p>372AI. Provisions supplementary to sections 372AE to 372AH.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 372AE to 372AH &#8211;<\/p>\n<p>&#8216;certificate of compliance&#8217; means a certificate granted by the Minister for the Environment and Local Government (on foot of an application received by that Minister within a period of one year from the day next after the end of the qualifying period) for the purposes of section 372AE, 372AF, 372AG or 372AH, as the case may be, stating that the house, to which the certificate relates, at the time of granting the certificate and on the basis of the information available to that Minister at that time &#8211;<\/p>\n<p>(a)complies &#8211;<\/p>\n<p>(i)in the case of construction, with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses,<\/p>\n<p>(ii)in the case of conversion or refurbishment, with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvement of houses and the provision of water, sewerage and other services in houses,<\/p>\n<p>(b)stating that the total floor area of the house is within the floor area limits as specified in the definition of qualifying premises for the purposes of section 372AE, 372AF, 372AG or 372AH, and<\/p>\n<p>(c)in the case of refurbishment, that the work was necessary for the purposes of ensuring the suitability as a dwelling of any house in the building;<\/p>\n<p>&#8216;certificate of reasonable cost&#8217; means a certificate granted by the Minister for the Environment and Local Government (on foot of an application received by that Minister within a period of one year from the day next after the end of the qualifying period) for the purposes of section 372AE, 372AF, 372AG or 372AH, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8216;house&#8217; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8216;total floor area&#8217; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 372AE, 372AF or 372AG if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 372AE, 372AF or 372AG if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 372AE(2), 372AF(4) or 372AG(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 372AE or, in so far as it applies to expenditure other than expenditure on refurbishment, section 372AH unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 372AF or 372AG or, in so far as it applies to expenditure on refurbishment, section 372AH unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses but this paragraph shall not apply where the expenditure incurred on a qualifying premises for the purposes of section 372AG or section 372AH relates solely to a facade within the meaning of those sections.<\/p>\n<p>(c)A house shall not be a qualifying premises for the purposes of section 372AE, 372AF, 372AG or 372AH unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister for the Environment and Local Government, with the consent of the Minister for Finance, for the purposes of furthering the objectives of urban renewal and without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following &#8211;<\/p>\n<p>(i)the design and the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, houses,<\/p>\n<p>(ii)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister for the Environment and Local Government,<\/p>\n<p>(iii)the provision of ancillary facilities and amenities in relation to houses, and<\/p>\n<p>(iv)the balance to be achieved between houses of different types and sizes within a single development of 2 or more houses or within such a development and its general vicinity having regard to the housing existing or proposed in that vicinity.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 372AE, 372AF, 372AG or 372AH unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)For the purposes of sections 372AE to 372AH, references in those sections to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(7)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 372AE(2), 372AF(4), 372AG(2) or 372AH(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (6) expenditure on the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into, refurbishment of, or, as the case may be, construction or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of sections 372AE and 372AF other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 372AG other than the purposes mentioned in subsection (7)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(c)For the purposes of section 372AH other than the purposes mentioned in subsection (7)(a), expenditure incurred on the construction or refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)For the purposes of sections 372AE to 372AG, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(10)Section 555 shall apply as if a deduction under section 372AE(2), 372AF(4) or 372AG(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 372AE(5), 372AF(7) or 372AG(5), as the case may be, were a balancing charge.<\/p>\n<p>(11)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 372AE, 372AF, 372AG or 372AH (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<p>372AJ. Non-application of relief in certain cases and provision against double relief.<br \/>\n(1)Notwithstanding any other provision of this Chapter, sections 372AC and 372AD shall not apply &#8211;<\/p>\n<p>(a)in respect of expenditure incurred on the construction or refurbishment of a building or structure or a qualifying premises &#8211;<\/p>\n<p>(i)where a property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(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,<\/p>\n<p>(aa)in respect of expenditure incurred on or after 6 April 2001 on the construction or refurbishment of a building or structure or a qualifying premises where any part of such expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State.<\/p>\n<p>(ab)in respect of expenditure incurred on or after 6 April 2001 on the construction or refurbishment of a building or structure or a qualifying premises unless the relevant interest, within the meaning of section 269, in such expenditure is held by a small or medium-sized enterprise within the meaning of Annex I to Commission Regulation (EC) No. 70\/2001 of 12 January 2001 , or, as the case may be, by a micro, small or medium-sized enterprise within the meaning of the Annex to Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises<br \/>\n(ac)[deleted]<\/p>\n<p>(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 &#8211;<\/p>\n<p>(i)in the sector of agriculture, including the production, processing and marketing of agricultural products,<\/p>\n<p>(ii)in the coal industry, fishing industry or motor vehicle industry, or<\/p>\n<p>(iii)in the transport, steel, ship-building, synthetic fibres or financial services sectors,<\/p>\n<p>or<\/p>\n<p>(c)in respect of expenditure incurred on or after 1 January 2003 on the construction or refurbishment of any building or structure or qualifying premises provided for the purposes of a project which is subject to the notification requirements of &#8211;<\/p>\n<p>(i)the &#8216;Multisectoral framework on regional aid for large investment projects&#8217; prepared by the Commission of the European Communities and dated 7 April 1998, or<\/p>\n<p>(ii)the &#8216;Multisectoral framework on regional aid for large investment projects&#8217; prepared by the Commission of the European Communities and dated 19 March 2002,<\/p>\n<p>as the case may be, unless approval of the potential capital allowances involved has been received from that Commission by the Minister for Finance, or by such other Minister of the Government, agency or body as may be nominated for that purpose by the Minister for Finance.<\/p>\n<p>(2)For the purposes of sections 372AC and 372AD, 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.<\/p>\n<p>(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.<\/p>\n<h4>Chapter 11 Reliefs for lessors and owner-occupiers in respect of expenditure incurred on the provision of certain residential accommodation (ss. 372AK-372AV)<\/h4>\n<p>372AK. Interpretation (Chapter 11).<br \/>\nIn this Chapter &#8211;<\/p>\n<p>&#8220;certificate of compliance&#8221; shall be construed, respectively, in accordance with section 372AM;<\/p>\n<p>&#8220;certificate of reasonable cost&#8221; shall be construed, respectively, in accordance with section 372AM;<\/p>\n<p>&#8220;conversion expenditure&#8221; shall be construed in accordance with section 372AN;<\/p>\n<p>&#8220;eligible expenditure&#8221; shall be construed in accordance with section 372AN;<\/p>\n<p>&#8220;existing building&#8221; has the same meaning as in section 372A;<\/p>\n<p>&#8220;facade&#8221; in relation to a house, means the exterior wall of the house which fronts on to a street;<\/p>\n<p>&#8220;guidelines&#8221; in relation to a house the site of which is wholly within the site of a qualifying park and ride facility, has the same meaning as in section 372U;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;lease&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;lessee&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;lessor&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;Minister&#8221; except where the context otherwise requires, means the Minister for the Environment and Local Government;<\/p>\n<p>&#8220;necessary construction&#8221; has the same meaning as in section 372A and any reference in this Chapter (other than in section 372AR(1)(a)) to construction shall, in the case of a house 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, apply as if it were a reference to necessary construction, unless the context requires otherwise;<\/p>\n<p>&#8220;premium&#8221; has the same meaning as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;qualifying expenditure&#8221; shall be construed in accordance with section 372AQ;<\/p>\n<p>&#8220;qualifying lease&#8221; shall be construed in accordance with section 372AO;<\/p>\n<p>&#8220;qualifying period&#8221; shall be construed in accordance with section 372AL;<\/p>\n<p>&#8220;qualifying park and ride facility&#8221; has the same meaning as in section 372U(1);<\/p>\n<p>&#8220;qualifying premises&#8221; shall be construed in accordance with section 372AM;<\/p>\n<p>&#8220;qualifying rural area&#8221; means any area described in Schedule 8A;<\/p>\n<p>&#8220;qualifying street&#8221; means a street specified as a qualifying street under section 372BA;<\/p>\n<p>&#8220;qualifying student accommodation area&#8221; means an area or areas specified as a qualifying area in the relevant guidelines;<\/p>\n<p>&#8220;qualifying town area&#8221; means an area or areas specified as a qualifying area under section 372AB;<\/p>\n<p>&#8220;qualifying urban area&#8221; means an area or areas specified as a qualifying area under section 372B;<\/p>\n<p>&#8220;refurbishment&#8221; means &#8211;<br \/>\n(a)in relation to a building or a part of a building other than a special specified building, either or both of the following &#8211;<br \/>\n(i)the carrying out of any works of construction, reconstruction, repair or renewal, and<br \/>\n(ii)the provision or improvement of water, sewerage or heating facilities,<br \/>\nwhere the carrying out of such works or the provision of such facilities is certified by the Minister, in any certificate of reasonable cost or certificate of compliance, as the case may be, granted by the Minister under section 372AM,<br \/>\n(b)in relation to a facade, any works of construction, reconstruction, repair or renewal carried out in the course of the repair or restoration, or maintenance in the nature of repair or restoration, of a facade, and<br \/>\n(c)in relation to a special specified building, any works 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 for the purposes of compliance with the requirements of the Housing (Standards for Rented Houses) Regulations 1993 (S.I. No. 147 of 1993),<br \/>\nbut paragraph (c) shall not apply for the purposes of sections 372AQ and 372AR;<\/p>\n<p>&#8220;refurbishment expenditure&#8221; shall be construed in accordance with section 372AN;<\/p>\n<p>&#8220;relevant cost&#8221; has the same meaning as in section 372AP;<\/p>\n<p>&#8220;relevant guidelines&#8221; in relation to a house or building the site of which is wholly within a qualifying student accommodation area, means guidelines entitled &#8216;Guidelines on Residential Developments for 3rd Level Students&#8217; issued by the Minister for Education and Science in consultation with the Minister and with the consent of the Minister for Finance, or such other guidelines amending or replacing those guidelines issued in accordance with section 372AM(1)(c);<\/p>\n<p>&#8220;relevant local authority&#8221;<br \/>\n(a)a qualifying urban area means the local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014) in whose functional area the area is situated, and<br \/>\n(b)in relation to the construction of a house the site of which is wholly within the site of a qualifying park and ride facility and which is a qualifying premises for the purposes of this Chapter, has the same meaning as it has in section 372U(1) in relation to the construction or refurbishment of a park and ride facility or a qualifying premises within the meaning of section 372W;<\/p>\n<p>&#8220;relevant period&#8221; has the meaning assigned to it in section 372AP;<\/p>\n<p>&#8220;rent&#8221; has the same meaning as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;replacement building&#8221; has the same meaning as in section 372A;<\/p>\n<p>&#8220;special qualifying premises&#8221; shall be construed in accordance with section 372AM;<\/p>\n<p>&#8220;special specified building&#8221; have the same meanings, respectively, as in section 372AN(6);<\/p>\n<p>&#8220;specified building&#8221; have the same meanings, respectively, as in section 372AN(6);<\/p>\n<p>&#8220;street&#8221; includes part of a street and the whole or part of any road, square, quay or lane;<\/p>\n<p>&#8220;tax incentive area&#8221; means &#8211;<br \/>\n(a)a qualifying urban area,<br \/>\n(b)a qualifying rural area,<br \/>\n(c)the site of a qualifying park and ride facility,<br \/>\n(d)a qualifying town area, or<br \/>\n(e)a qualifying student accommodation area;<\/p>\n<p>&#8220;total floor area&#8221; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>372AL. Qualifying period.<br \/>\n(1)For the purposes of this Chapter, &#8216;qualifying period&#8217;, in relation to &#8211;<\/p>\n<p>(a)a qualifying urban area, means, subject to section 372B, the period commencing on 1 August 1998 and ending on &#8211;<\/p>\n<p>(i)31 December 2002, or<\/p>\n<p>(ii)where subsection (2) applies, 31 December 2006, or<\/p>\n<p>(iii)where subsections (2) and (3) apply, 31 July 2008,<\/p>\n<p>(b)a qualifying street, means, subject to section 372BA, the period commencing on 6 April 2001 and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 December 2006 or, where subsections (1A) and (3) apply, ending on 31 July 2008,<\/p>\n<p>(c)a qualifying rural area, means &#8211;<\/p>\n<p>(i)for the purposes of sections 372AP and (in so far as it relates to that section) section 372AS, the period commencing on 1 June 1998 and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 December 2006 or, where subsections (1A) and (3) apply, ending on 31 July 2008, and<\/p>\n<p>(ii)for the purposes of section 372AR and (in so far as it relates to that section) section 372AS, the period commencing on 6 April 1999 and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 December 2006 or, where subsections (1A) and (3) apply, ending on 31 July 2008,<\/p>\n<p>(d)the site of a qualifying park and ride facility, means the period commencing on 1 July 1999 and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 December 2006 or, where subsections (1A) and (3) apply, ending on 31 July 2008,<\/p>\n<p>(e)a qualifying town area, means, subject to section 372AB, the period commencing on 1 April 2000 and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 December 2006 or, where subsections (1A) and (3) apply, ending on 31 July 2008,<\/p>\n<p>(f)a qualifying student accommodation area, means the period commencing on 1 April 1999 and ending on &#8211;<\/p>\n<p>(i)31 March 2003, or<\/p>\n<p>(ii)where subsection (1A) applies, 31 December 2006, or<\/p>\n<p>(iii)where subsections (1A) and (3) apply, 31 July 2008,<\/p>\n<p>and<\/p>\n<p>(g)a special specified building, means the period commencing on 6 April 2001 and ending on 31 July 2008.<\/p>\n<p>(1A)This subsection shall apply, as respects expenditure incurred on the construction, conversion or, as the case may be, refurbishment of a building or structure, if &#8211;<\/p>\n<p>(a)<\/p>\n<p>(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, conversion 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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>(b)<\/p>\n<p>(i)a planning application, in so far as planning permission was required, in respect of the construction, conversion 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,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>or<\/p>\n<p>(c)where the construction, conversion 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 &#8211;<\/p>\n<p>(i)a detailed plan in relation to the development work is prepared,<\/p>\n<p>(ii)a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and<\/p>\n<p>(iii)work to the value of 5 per cent of the development costs is carried out, not later than 31 December 2004.<\/p>\n<p>(2)<\/p>\n<p>(a)This subsection shall apply where &#8211;<\/p>\n<p>(i)the relevant local authority gives a certificate in writing on or before 30 September 2003, to the person constructing, converting or, as the case may be, refurbishing a building or part of a building, the site of which is wholly within a qualifying urban area, stating that it is satisfied that not less than 15 per cent of the total cost of constructing, converting or refurbishing the building or the part of the building, as the case may be, and the acquisition of the site thereof had been incurred on or before 30 June 2003, and<\/p>\n<p>(ii)the application for such a certificate is received by the relevant local authority on or before 31 July 2003.<\/p>\n<p>(b)In considering whether to give a certificate referred to in paragraph (a), the relevant local authority shall have regard only to guidelines issued by the Department of the Environment and Local Government in relation to the giving of such certificates.<\/p>\n<p>(3)This subsection shall apply in relation to the construction, conversion or refurbishment of a building or part of a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area where &#8211;<\/p>\n<p>(a)the person who is constructing, converting or, as the case may be, refurbishing the building or the part of the building has, on or before 31 December 2006, carried out work to the value of not less than 15 per cent of the actual construction, conversion or, as the case may be, refurbishment costs of the building or the part of the building, and<\/p>\n<p>(b)the person referred to in paragraph (a) or, where the building or the part of the building is sold by that person, the person who is claiming a deduction under section 372AP or under section 372AR, as the case may be, can show that the condition in paragraph (a) was satisfied.<\/p>\n<p>372AM. Grant of certain certificates and guidelines, qualifying and special qualifying premises.<br \/>\n(1)<\/p>\n<p>(a)The Minister may grant a certificate (in this Chapter referred to as a &#8216;certificate of compliance&#8217;) for the purposes of section 372AP or 372AR, as the case may be, certifying that, at the time of granting the certificate and on the basis of the information available to the Minister at that time &#8211;<\/p>\n<p>(i)the house to which the certificate relates complies &#8211;<\/p>\n<p>(I)in the case of construction, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses,<\/p>\n<p>(II)in the case of conversion or refurbishment, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvement of houses and the provision of water, sewerage and other services in houses,<\/p>\n<p>(ii)the total floor area of that house is within the relevant floor area limits as specified in subsection (4), and<\/p>\n<p>(iii)in the case of refurbishment, the refurbishment work was necessary for the purposes of ensuring the suitability as a dwelling of any house in the building or the part of the building and whether or not the number of houses in the building or the part of the building, or the shape or size of any such house, is altered in the course of such refurbishment,<\/p>\n<p>but &#8211;<\/p>\n<p>(A)in the case of a house the site of which is wholly within a qualifying town area, such certificate shall be granted only where an application has been received by the Minister within a period of one year from the day next after the end of the qualifying period, and<\/p>\n<p>(B)in the case of a house, the site of which is wholly within a qualifying student accommodation area, such certificate shall be granted having regard to the relevant guidelines.<\/p>\n<p>(b)<\/p>\n<p>(i)The Minister may grant a certificate (in this Chapter referred to as a &#8216;certificate of reasonable cost&#8217;) for the purposes of section 372AP or 372AR, as the case may be, certifying that, at the time of granting the certificate and on the basis of the information available to the Minister at that time &#8211;<\/p>\n<p>(I)the house to which the certificate relates complies &#8211;<\/p>\n<p>(A)in the case of construction, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses,<\/p>\n<p>(B)in the case of conversion or refurbishment, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvement of houses and the provision of water, sewerage and other services in houses,<\/p>\n<p>(II)the amount specified in the certificate in relation to the cost of construction of, conversion into, or, as the case may be, refurbishment of, the house to which the certificate relates appears to the Minister to be reasonable,<\/p>\n<p>(III)the total floor area of that house is within the relevant floor area limits as specified in subsection (4), and<\/p>\n<p>(IV)in the case of refurbishment, the refurbishment work was necessary for the purposes of ensuring the suitability as a dwelling of any house in the building or the part of the building and whether or not the number of houses in the building or the part of the building, or the shape or size of any such house, is altered in the course of such refurbishment,<\/p>\n<p>but &#8211;<\/p>\n<p>(A)in the case of a house, the site of which is wholly within a qualifying town area, such certificate shall be granted only where an application has been received by the Minister within a period of one year from the day next after the end of the qualifying period, and<\/p>\n<p>(B)in the case of a house, the site of which is wholly within a qualifying student accommodation area, such certificate shall be granted having regard to the relevant guidelines.<\/p>\n<p>(ii)Section 18 of the Housing (Miscellaneous Provisions) Act, 1979, applies, with any necessary modifications, to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section.<\/p>\n<p>(c)The Minister for Education and Science may, in relation to a house or building the site of which is wholly within a qualifying student accommodation area, in consultation with the Minister and with the consent of the Minister for Finance &#8211;<\/p>\n<p>(i)issue guidelines for the purposes of this Chapter and, without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following &#8211;<\/p>\n<p>(I)the design and the construction of, conversion into, or refurbishment of, houses,<\/p>\n<p>(II)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister,<\/p>\n<p>(III)the provision of ancillary facilities and amenities in relation to houses,<\/p>\n<p>(IV)the granting of certificates of reasonable cost and of certificates of compliance,<\/p>\n<p>(V)the designation of qualifying areas,<\/p>\n<p>(VI)the terms and conditions relating to qualifying leases, and<\/p>\n<p>(VII)the educational institutions and the students attending those institutions for whom the accommodation is provided,<\/p>\n<p>and<\/p>\n<p>(ii)amend or replace relevant guidelines in like manner.<\/p>\n<p>(2)Subject to this section, a house is a qualifying premises for the purposes of section 372AP or 372AR, as the case may be, where &#8211;<\/p>\n<p>(a)the house 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 the site of the house is wholly within a tax incentive area,<\/p>\n<p>(b)the house is used solely as a dwelling,<\/p>\n<p>(c)the house complies with the requirements of subsection (4) in respect of its total floor area,<\/p>\n<p>(d)there is in force in respect of the house &#8211;<\/p>\n<p>(i)a certificate of compliance or,<\/p>\n<p>(ii)if it is not a house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of construction of the house, the cost of conversion in relation to the house or the cost of the refurbishment in relation to the house is not less than the expenditure actually incurred on such construction, conversion, or, as the case may be, refurbishment,<\/p>\n<p>but where, in the case of section 372AP, the refurbishment expenditure or, in the case of section 372AR, the qualifying expenditure relates solely to the refurbishment of a facade, this paragraph shall not apply,<\/p>\n<p>(e)in the case of a house the site of which is wholly within the site of a qualifying park and ride facility, the relevant local authority gives to the person constructing the house a certificate in writing stating that it is satisfied that the house or, in a case where the house is one of a number of houses in a single development, the development of which it is part complies with the requirements laid down in the guidelines in relation to the development of certain residential accommodation at a park and ride facility, and<\/p>\n<p>(f)in so far as section 372AP is concerned, the house &#8211;<\/p>\n<p>(i)where the eligible expenditure has been incurred on the construction of the house, without having been used is first let in its entirety under a qualifying lease,<\/p>\n<p>(ii)where the eligible expenditure incurred is conversion expenditure in relation to the house, without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease, and<\/p>\n<p>(iii)where the eligible expenditure incurred is refurbishment expenditure in relation to the house, on the date of completion of the refurbishment to which the expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease,<\/p>\n<p>and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease.<\/p>\n<p>(3)Subject to this section, a house is a special qualifying premises for the purposes of section 372AP where &#8211;<\/p>\n<p>(a)the house is comprised in a special specified building,<\/p>\n<p>(b)the house is used solely as a dwelling,<\/p>\n<p>(c)on the date of completion of the refurbishment to which the refurbishment expenditure in relation to the house relates, the house is let (or, if not let on that date, the house is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease, and<\/p>\n<p>(d)the house is not a house on which expenditure has been incurred which qualified, or on due claim being made would qualify, for relief under &#8211;<\/p>\n<p>(i)section 372AP on the basis that the house is a qualifying premises, or<\/p>\n<p>(ii)any other provision of this Part.<\/p>\n<p>(4)A house is not a qualifying premises for the purposes of section 372AP or 372AR unless &#8211;<\/p>\n<p>(a)where the house 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 where its site is wholly within &#8211;<\/p>\n<p>(i)a qualifying urban area, or<\/p>\n<p>(ii)the site of a qualifying park and ride facility,<\/p>\n<p>the total floor area of the house is not less than 38 square metres and not more than 125 square metres,<\/p>\n<p>(b)where the site of the house is wholly within a qualifying rural area, the total floor area of the house is not less than 38 square metres and &#8211;<\/p>\n<p>(i)in the case of section 372AP &#8211;<\/p>\n<p>(I)not more than 140 square metres, if the eligible expenditure incurred was incurred on the construction of the house before 6 December 2000,<\/p>\n<p>(II)not more than 150 square metres, if the eligible expenditure incurred on or in relation to the house was conversion expenditure or refurbishment expenditure incurred before 6 December 2000, or<\/p>\n<p>(III)not more than 175 square metres if the eligible expenditure incurred on or in relation to that house was or is incurred on or after 6 December 2000,<\/p>\n<p>and<\/p>\n<p>(ii)in the case of section 372AR, not more than 210 square metres,<\/p>\n<p>(c)where the site of the house is wholly within a qualifying town area, the total floor area of the house is not less than 38 square metres and &#8211;<\/p>\n<p>(i)in the case of section 372AP &#8211;<\/p>\n<p>(I)not more than 125 square metres, or<\/p>\n<p>(II)not more than 150 square metres, if the eligible expenditure incurred on or in relation to the house is conversion expenditure or refurbishment expenditure incurred on or after 6 April 2001,<\/p>\n<p>and<\/p>\n<p>(ii)in the case of section 372AR &#8211;<\/p>\n<p>(I)not more than 125 square metres, or<\/p>\n<p>(II)not more than 210 square metres, if the qualifying expenditure incurred on or in relation to the house is incurred on or after 6 April 2001 on the conversion or the refurbishment of the house,<\/p>\n<p>and<\/p>\n<p>(d)where the site of the house is wholly within a qualifying student accommodation area, the total floor area of the house complies with the requirements of the relevant guidelines.<\/p>\n<p>(5)A house is not a qualifying premises or a special qualifying premises for the purposes of section 372AP if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled to a deduction under that section in respect of the eligible expenditure incurred on or in relation to the house, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(6)<\/p>\n<p>(a)A house &#8211;<\/p>\n<p>(i)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<\/p>\n<p>(ii)the site of which is wholly within a qualifying urban area or a qualifying town area,<\/p>\n<p>is not a qualifying premises for the purposes of section 372AP or 372AR unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister, with the consent of the Minister for Finance, for the purposes of furthering the objectives of urban renewal.<\/p>\n<p>(b)Without prejudice to the generality of paragraph (a), guidelines issued for the purposes of that paragraph may include provisions in relation to all or any one or more of the following &#8211;<\/p>\n<p>(i)the design and the construction of, conversion into, or, as the case may be, refurbishment of, houses,<\/p>\n<p>(ii)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister,<\/p>\n<p>(iii)the provision of ancillary facilities and amenities in relation to houses, and<\/p>\n<p>(iv)the balance to be achieved between houses of different types and sizes within a single development of 2 or more houses or within such a development and its general vicinity having regard to the housing existing or proposed in that vicinity.<\/p>\n<p>(7)A house, the site of which is wholly within a qualifying rural area, is not a qualifying premises for the purposes of section 372AP unless throughout the period of any qualifying lease related to that house, the house is used as the sole or main residence of the lessee in relation to that qualifying lease.<\/p>\n<p>(8)A house 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 is not a qualifying premises for the purposes of section 372AP or 372AR unless &#8211;<\/p>\n<p>(a)the house is comprised in the upper floor or floors of an existing building or a replacement building, and<\/p>\n<p>(b)the ground floor of such building is in use for commercial purposes or, where it is temporarily vacant, it is subsequently so used.<\/p>\n<p>(9)A house, the site of which is wholly within a qualifying student accommodation area, is not a qualifying premises for the purposes of section 372AP unless throughout the relevant period it is used for letting to and occupation by students in accordance with the relevant guidelines.<\/p>\n<p>(9A)A house, the site of which is wholly within a qualifying student accommodation area, is not a qualifying premises or a special qualifying premises for the purposes of section 372AP &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)if any person, other than the person (in this subsection referred to as the &#8220;investor&#8221;) who incurred or, by virtue of subsection (8), (9) or (10) of that section, is treated as having incurred eligible expenditure on or in relation to the house, receives or is entitled to receive the rent, or any part of the rent, from the letting of the house during the relevant period in relation to the house, or<\/p>\n<p>(ii)where two or more investors have incurred or, by virtue of subsection (8), (9) or (10) of that section, are treated as having incurred eligible expenditure on or in relation to the house, unless that part of the gross rent received or receivable from the letting of the house during the relevant period in relation to the house which is received or receivable by each investor bears the same proportion to that gross rent as the amount of the eligible expenditure which is incurred, or is so treated as having been incurred, on or in relation to the house by that investor bears to the total amount of the eligible expenditure which is incurred, or is so treated as having been incurred, on or in relation to the house by all such investors;<\/p>\n<p>(b)where borrowed money is employed by an investor in the construction of, conversion into, refurbishment of, or, as the case may be, purchase of, the house, unless &#8211;<\/p>\n<p>(i)that borrowed money is borrowed directly by the investor from a financial institution (within the meaning of section 906A),<\/p>\n<p>(ii)the investor is personally responsible for the repayment of, the payment of interest on, and the provision of any security required in relation to, that borrowed money, and<\/p>\n<p>(iii)there is no arrangement or agreement, whether in writing or otherwise and whether or not the person providing that borrowed money is aware of such agreement or arrangement, whereby any other person agrees to be responsible for any of the investor&#8217;s obligations referred to in subparagraph (ii);<\/p>\n<p>(c)where management or letting fees payable to a person in relation to the letting of the house are claimed by the investor as a deduction under section 97(2) for any chargeable period (within the meaning of section 321) ending in the relevant period in relation to the house, unless &#8211;<\/p>\n<p>(i)such fees are shown by the claimant to be bona fide fees which reflect the level and extent of the services rendered by the person, and<\/p>\n<p>(ii)the aggregate amount of such fees for that chargeable period is not more than an amount which is equal to 15 per cent of the gross amount of the rent received or receivable by the investor from the letting of the house for that chargeable period.<\/p>\n<p>(9B)Subject to subsection (9C), subsection (9A) applies &#8211;<\/p>\n<p>(a)as respects eligible expenditure incurred on or in relation to a house on or after 18 July 2002, unless a binding contract for the construction of, conversion into or, as the case may be, refurbishment of the house was evidenced in writing before that date, and<\/p>\n<p>(b)where subsection (9) or (10) of section 372AP applies, as respects expenditure incurred on the purchase of a house on or after 18 July 2002, unless a binding contract for the purchase of the house was evidenced in writing before that date.<\/p>\n<p>(9C)Paragraphs (a) and (c) of subsection (9A) shall not apply as respects eligible expenditure incurred on or in relation to a house or, where subsection (9) or (10) of section 372AP applies, as respects expenditure incurred on the purchase of a house where, before 6 February 2003, the Revenue Commissioners have given an opinion in writing to the effect that the lease of the house between an investor and an educational institution referred to in the relevant guidelines, or a subsidiary (within the meaning of section 7 of the Companies Act 2014) of such an institution, would be a qualifying lease.<\/p>\n<p>(10)<\/p>\n<p>(a)A house is not a special qualifying premises for the purposes of section 372AP if the lessor has not complied with all the requirements of &#8211;<\/p>\n<p>(i)the Housing (Standards for Rented Houses) Regulations 1993 (S.I. No. 147 of 1993),<\/p>\n<p>(ii)the Housing (Rent Books) Regulations 1993 (S.I. No. 146 of 1993), and<\/p>\n<p>(iii)Part 7 of the Residential Tenancies Act 2004 in respect of all tenancies relating to that premises.<\/p>\n<p>(aa)For the purposes of paragraph (a)(iii) a written communication from the Private Residential Tenancies Board to the chargeable person confirming the registration of a tenancy relating to a special qualifying premises shall be accepted as evidence that the registration requirement in respect of that tenancy (and that tenancy only) has been complied with.<\/p>\n<p>(b)A house is not a special qualifying premises for the purposes of section 372AP unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister, with the consent of the Minister for Finance, in relation to the refurbishment of houses as special qualifying premises.<\/p>\n<p>(c)Without prejudice to the generality of paragraph (b), guidelines issued for the purposes of that paragraph may include provisions in relation to refurbishment of houses and the provision of ancillary facilities and amenities in relation to houses.<\/p>\n<p>(11)A house is not a qualifying premises for the purposes of section 372AP or 372AR, or a special qualifying premises for the purposes of section 372AP, unless any person authorised in writing by the Minister for the purposes of those sections is permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of his or her authorisation.<\/p>\n<p>372AN. Eligible expenditure: lessors.<br \/>\n(1)Expenditure is eligible expenditure for the purposes of this Chapter where it is &#8211;<\/p>\n<p>(a)expenditure incurred on &#8211;<\/p>\n<p>(i)the construction of a house, other than a house referred to in subparagraph (ii), or<\/p>\n<p>(ii)the necessary construction of a house 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,<\/p>\n<p>(b)conversion expenditure, or<\/p>\n<p>(c)refurbishment expenditure.<\/p>\n<p>(2)In this Chapter &#8216;conversion expenditure&#8217; means, subject to subsection (3), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of &#8211;<\/p>\n<p>(i)a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area other than the site of a qualifying park and ride facility, or<\/p>\n<p>(ii)a part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area or a qualifying town area,<\/p>\n<p>where the building or, as the case may be, the part of the building has not been previously in use as a dwelling, and<\/p>\n<p>(b)the conversion into 2 or more houses of &#8211;<\/p>\n<p>(i)a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area other than the site of a qualifying park and ride facility, or<\/p>\n<p>(ii)a part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area or a qualifying town area,<\/p>\n<p>where before the conversion the building or, as the case may be, the part of the building had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this Chapter to &#8216;conversion&#8217;, &#8216;conversion into a house&#8217; and &#8216;expenditure incurred on conversion&#8217; shall be construed accordingly.<\/p>\n<p>(3)For the purposes of subsection (2), expenditure incurred on the conversion of a building or a part of a building includes expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or the part of the building, as the case may be, or any outoffice appurtenant to or usually enjoyed with that building or part, but does not include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this subsection referred to as a &#8216;non-residential unit&#8217;) of the building or, as the case may be, the part of the building which on completion of the conversion is not a house.<\/p>\n<p>(4)For the purposes of subsection (3)(ii), where expenditure is attributable to a building or a part of a building in general and not directly to any particular house or non-residential unit (within the meaning given by that subsection) comprised in the building or the part of the building on completion of the conversion, then such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building or the part of the building, as the case may be.<\/p>\n<p>(5)<\/p>\n<p>(a)For the purposes of this Chapter &#8216;refurbishment expenditure&#8217; means expenditure incurred on &#8211;<\/p>\n<p>(i)<\/p>\n<p>(I)the refurbishment of a specified building, and<\/p>\n<p>(II)in the case of a specified building the site of which is wholly within a qualifying town area, the refurbishment of a facade,<\/p>\n<p>or<\/p>\n<p>(ii)the refurbishment of a special specified building,<\/p>\n<p>other than expenditure attributable to any part (in this subsection and in subsection (6) referred to as a &#8216;non-residential unit&#8217;) of the building which on completion of the refurbishment is not a house.<\/p>\n<p>(b)For the purposes of paragraph (a), where expenditure is attributable to &#8211;<\/p>\n<p>(i)the specified building, or<\/p>\n<p>(ii)the special specified building,<\/p>\n<p>as the case may be, in general and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment, then such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(6)For the purposes of subsection (5) &#8211;<\/p>\n<p>&#8216;special specified building&#8217; means a building or part of a building &#8211;<\/p>\n<p>(a)in which before the refurbishment to which the refurbishment expenditure relates there is one or more than one house, and<\/p>\n<p>(b)which on completion of that refurbishment contains, whether in addition to any non-residential unit or not, one or more than one house;<\/p>\n<p>&#8216;specified building&#8217; means &#8211;<\/p>\n<p>(a)a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area other than the site of a qualifying park and ride facility, or<\/p>\n<p>(b)a part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area or a qualifying town area,<\/p>\n<p>and in which before the refurbishment to which the refurbishment expenditure relates &#8211;<\/p>\n<p>(i)there is one or more than one house &#8211;<\/p>\n<p>(I)in the case of a building, the site of which is wholly within a qualifying rural area, or<\/p>\n<p>(II)in the case of a building or part of a building, the site of which is wholly within a qualifying town area,<\/p>\n<p>and<\/p>\n<p>(ii)there are 2 or more houses &#8211;<\/p>\n<p>(I)in the case of a building or part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area, or<\/p>\n<p>(II)in the case of a building the site of which is wholly within a qualifying student accommodation area,<\/p>\n<p>and which on completion of that refurbishment contains, whether in addition to any non-residential unit or not &#8211;<\/p>\n<p>(A)in the case of a building or part of a building to which paragraph (i) applies, one or more than one house,<\/p>\n<p>(B)in the case of a building or part of a building to which paragraph (ii) applies, 2 or more houses.<\/p>\n<p>(7)Other than in relation to a special qualifying premises, references in this section to the construction of, conversion into, or, as the case may be, refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>372AO. Qualifying lease.<br \/>\n(1)In this section &#8216;market value&#8217;, 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.<\/p>\n<p>(2)Subject to subsection (4), a lease of a house is a qualifying lease for the purposes of this Chapter where the consideration for the grant of the lease consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which &#8211;<\/p>\n<p>(i)in the case of the construction of a house, does not exceed 10 per cent of the relevant cost of the house,<\/p>\n<p>(ii)in the case of the conversion of a building into a house, does not exceed 10 per cent of the market value of the house at the time the conversion is completed, and<\/p>\n<p>(iii)in the case of the refurbishment of a house &#8211;<\/p>\n<p>(I)is payable on or subsequent to the date of the completion of the refurbishment to which the refurbishment expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(II)does not exceed 10 per cent of the market value of the house at the time of the completion of the refurbishment to which the refurbishment expenditure relates.<\/p>\n<p>(3)For the purposes of subparagraph (ii) or (iii) of subsection (2)(b), as the case may be, where a house is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed or, as the case may be, at the time of the completion of the refurbishment to which the refurbishment expenditure relates shall be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building.<\/p>\n<p>(4)A lease is not a qualifying lease for the purposes of this Chapter &#8211;<\/p>\n<p>(a)if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length,<\/p>\n<p>(b)where the lease relates to a qualifying rural area, if the duration of the lease is for a period of less than 3 months, or<\/p>\n<p>(c)where the lease relates to a qualifying student accommodation area, if the lease does not comply with the requirements of the relevant guidelines.<\/p>\n<p>372AP. Relief for lessors.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;chargeable period&#8217; means an accounting period of a company or a year of assessment;<\/p>\n<p>&#8216;relevant cost&#8217;, in relation to a house, means, subject to subsection (6), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)where the eligible expenditure is on the construction of the house, the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is situated, or<\/p>\n<p>(ii)where the eligible expenditure is conversion expenditure or refurbishment expenditure, the expenditure incurred on the acquisition of, or of rights in or over &#8211;<\/p>\n<p>(I)any land on which the house is situated, and<\/p>\n<p>(II)any building in which the house is comprised,<\/p>\n<p>and<\/p>\n<p>(b)the expenditure actually incurred on the construction of, conversion into, or, as the case may be, refurbishment of the house;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to the incurring of eligible expenditure on or in relation to a qualifying premises or a special qualifying premises, means &#8211;<\/p>\n<p>(a)where the eligible expenditure is incurred on the construction of, or in relation to the conversion of a building into, a qualifying premises, the period of 10 years beginning on the date of the first letting of the qualifying premises under a qualifying lease, and<\/p>\n<p>(b)where &#8211;<\/p>\n<p>(i)the eligible expenditure incurred is refurbishment expenditure in relation to a qualifying premises or a special qualifying premises, the period of 10 years beginning on the date of the completion of the refurbishment to which the refurbishment expenditure relates, or<\/p>\n<p>(ii)where the qualifying premises or, as the case may be, the special qualifying premises was not let under a qualifying lease on the date referred to in subparagraph (i), the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8216;relevant price paid&#8217;, in relation to the purchase by a person of a house, means the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the eligible expenditure actually incurred on or in relation to the house, which is to be treated under section 372AS(1) as having been incurred in the qualifying period, bears to the relevant cost in relation to that house.<\/p>\n<p>(2)Subject to subsections (3), (4) and (5), where a person, having made a claim in that behalf, proves to have incurred eligible expenditure on or in relation to a house which is a qualifying premises or a special qualifying premises &#8211;<\/p>\n<p>(a)such person is entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises or, as the case may be, the special qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 372AS(1) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)Where the eligible expenditure incurred is refurbishment expenditure in relation to a house which is a special qualifying premises &#8211;<\/p>\n<p>(i)the deduction to be given under subsection (2)(a) shall be given &#8211;<\/p>\n<p>(I)for the chargeable period in which the expenditure is incurred or, if the special qualifying premises was not let under a qualifying lease during that chargeable period, the chargeable period in which occurs the date of the first such letting after the expenditure is incurred, and<\/p>\n<p>(II)for any subsequent chargeable period in which that premises continues to be a special qualifying premises,<\/p>\n<p>and<\/p>\n<p>(ii)the deduction for each such chargeable period shall be of an amount equal to 15 per cent of the expenditure to which subsection (2) (a) refers.<\/p>\n<p>(b)For the purposes of paragraph (a) &#8211;<\/p>\n<p>(i)the aggregate amount to be deducted by virtue of that paragraph shall not exceed 100 per cent of the expenditure to which subsection (2) (a) refers, and<\/p>\n<p>(ii)where a chargeable period consists of a period less than one year in length, the amount of the deduction to be given for the chargeable period shall be proportionately reduced.<\/p>\n<p>(c)[deleted]<\/p>\n<p>(4)<\/p>\n<p>(a)This subsection applies to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)where the eligible expenditure incurred is refurbishment expenditure in relation to a qualifying premises or a special qualifying premises &#8211;<\/p>\n<p>(I)is payable on or subsequent to the date of completion of the refurbishment to which the refurbishment expenditure relates, or<\/p>\n<p>(II)if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the eligible expenditure to be treated as having been incurred in the<\/p>\n<p>on or in relation to the qualifying premises or the special qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the eligible expenditure actually incurred on or in relation to the qualifying premises or, as the case may be, the special qualifying premises and which is to be treated under section 372AS(1) as having been incurred in the qualifying period bears to the whole of the eligible expenditure incurred on or in relation to the qualifying premises or the special qualifying premises, as the case may be.<\/p>\n<p>(5)<\/p>\n<p>(a)A person is entitled to a deduction by virtue of subsection (2) in respect of eligible expenditure incurred on a qualifying premises at a park and ride facility only in so far as that expenditure when aggregated with &#8211;<\/p>\n<p>(i)other eligible expenditure, if any, incurred on other qualifying premises at the park and ride facility and in respect of which a deduction is to be made or would, but for this subsection, be made, and<\/p>\n<p>(ii)other expenditure, if any, incurred at the park and ride facility, in respect of which there is provision for a deduction under section 372AR,<\/p>\n<p>does not exceed 25 per cent of the total expenditure incurred at the 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 372AR(5), be made by virtue of any provision of this Chapter or Chapter 9.<\/p>\n<p>(b)A person who has incurred eligible expenditure on a qualifying premises 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.<\/p>\n<p>(6)Where a qualifying premises or a special qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the eligible expenditure incurred on the construction, conversion or, as the case may be, refurbishment of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the eligible expenditure incurred on or in relation to the qualifying premises or the special qualifying premises, as the case may be, and the relevant cost in relation to the qualifying premises or the special qualifying premises, as the case may be.<\/p>\n<p>(7)Where a house is a qualifying premises or a special qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises or a special qualifying premises, as the case may be, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises or a special qualifying premises, as the case may be,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction or, as the case may be, deductions under subsection (2) in respect of eligible expenditure incurred on or in relation to that premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from that premises equal to the amount determined by the formula &#8211;<\/p>\n<p>A &#8211; B<\/p>\n<p>where &#8211;<\/p>\n<p>Ais the amount of the deduction or, as the case may be, the aggregate amount of the deductions under subsection (2) in respect of eligible expenditure incurred on or in relation to the premises, and<\/p>\n<p>Bis that part of the amount of any excess (within the meaning of section 384) that is attributable to the deduction or, as the case may be, the aggregate amount of the deductions under subsection (2) in respect of eligible expenditure incurred on or in relation to the premises and which has been carried forward under section 384 to the year of assessment in which either of the events, referred to in paragraphs (a) and (b), occurs.<\/p>\n<p>(7A)For the purposes of subsection (7), any transfer of property by a person to another person, pursuant to a Debt Settlement Arrangement or a Personal Insolvency Arrangement entered into under the Personal Insolvency Act 2012, whereby such property is held in trust for the creditors of the person making the transfer shall not, where that property is a house which is a qualifying premises or a special qualifying premises, be treated as the passing of the ownership of the lessor&#8217;s interest in that property to another person.<\/p>\n<p>(8)<\/p>\n<p>(a)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises or a special qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of eligible expenditure on or in relation to the house equal to the amount which under section 372AS(1) or under this section (apart from subsection (4)(b)) the lessor was treated as having incurred in the qualifying period on or in relation to the house.<\/p>\n<p>(b)Where a person purchases a house to which paragraph (a) applies, the amount treated under that paragraph as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(c)[deleted]<\/p>\n<p>(8A)[deleted]<\/p>\n<p>(8B)[deleted]<\/p>\n<p>(8C)[deleted]<\/p>\n<p>(8D)[deleted]<\/p>\n<p>(9)Subject to subsection (10), where eligible expenditure is incurred on or in relation to a house and &#8211;<\/p>\n<p>(a)where the eligible expenditure was expenditure on the construction of the house, before the house is used it is sold, or<\/p>\n<p>(b)where the eligible expenditure was conversion expenditure or refurbishment expenditure, before the house is used subsequent to the incurring of that expenditure it is sold,<\/p>\n<p>then, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period eligible expenditure on or in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 372AS(1) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase,<\/p>\n<p>but, where the house is sold more than once before it is used, or, as the case may be, before the house is used subsequent to the incurring of the expenditure, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)Where eligible expenditure is incurred on or in relation to a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of that trade, of the construction, conversion or refurbishment of buildings with a view to their sale and the house is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(a)where the eligible expenditure was expenditure on the construction of the house &#8211;<\/p>\n<p>(i)before the house is used, or<\/p>\n<p>(ii)where a house, the site of which is wholly within a qualifying student accommodation area, is sold on or after 5 December 2001, within a period of one year after it commences to be used,<\/p>\n<p>and<\/p>\n<p>(b)where the eligible expenditure was conversion expenditure or refurbishment expenditure &#8211;<\/p>\n<p>(i)before the house is used subsequent to the incurring of that expenditure, or<\/p>\n<p>(ii)where a house, the site of which is wholly within a qualifying student accommodation area, is sold on or after 5 December 2001, within a period of one year after it commences to be used subsequent to the incurring of that expenditure,<\/p>\n<p>then &#8211;<\/p>\n<p>(I)the person (in this subsection referred to as the &#8216;purchaser&#8217;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period eligible expenditure on or in relation to the house equal to the relevant price paid by the purchaser on the purchase (in this subsection referred to as the &#8216;first purchase&#8217;), and<\/p>\n<p>(II)in relation to any subsequent sale or sales of the house before the house is used, or, as the case may be, before the house is used subsequent to the incurring of the expenditure, subsection (9) shall apply as if the reference to the amount of eligible expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(11)Expenditure in respect of which a person 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.<\/p>\n<p>(12)For the purposes of this section, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(13)Section 555 shall apply as if a deduction under this section were a capital allowance and as if any rent deemed to have been received by a person under this section were a balancing charge.<\/p>\n<p>(13A)Section 555 shall apply as if a deduction under this section were a capital allowance and, where subsection (7) applies, as if the amount represented by &#8216;A&#8217; in the formula in that subsection were a balancing charge.<\/p>\n<p>(14)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.<\/p>\n<p>(15)Section 372AS shall apply for the purposes of supplementing this section.<\/p>\n<p>372AQ. Qualifying expenditure: owner-occupiers.<br \/>\n(1)For the purposes of this Chapter, but subject to subsection (3), &#8216;qualifying expenditure&#8217; means expenditure incurred by an individual on &#8211;<\/p>\n<p>(a)the construction of, conversion into, or, as the case may be, refurbishment of a qualifying premises, and<\/p>\n<p>(b)in the case of a qualifying premises the site of which is wholly within a qualifying town area, the refurbishment of a facade,<\/p>\n<p>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 &#8211;<\/p>\n<p>(i)that expenditure,<\/p>\n<p>(ii)the qualifying premises, or<\/p>\n<p>(iii)the construction, conversion or, as the case may be, refurbishment work in respect of which that expenditure was incurred,<\/p>\n<p>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.<\/p>\n<p>(2)For the purposes of this section, &#8216;qualifying owner-occupied dwelling&#8217;, 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.<\/p>\n<p>(3)Subsection (1) applies &#8211;<\/p>\n<p>(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 &#8216;construction&#8217; were a reference to &#8216;necessary construction&#8217;, and<\/p>\n<p>(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 &#8216;construction of, conversion into, or, as the case may be, refurbishment of&#8217; were a reference to &#8216;construction of&#8217;.<\/p>\n<p>(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.<\/p>\n<p>372AR. Relief for owner-occupiers.<br \/>\n(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 &#8211;<\/p>\n<p>(a)5 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the construction of the qualifying premises,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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 &#8211;<\/p>\n<p>(a)as if for &#8216;any of the 9 subsequent years of assessment&#8217; there were substituted &#8216;any of the 10 subsequent years of assessment&#8217;,<\/p>\n<p>(b)as respects the year of assessment 2001, as if &#8216;3.7 per cent&#8217; and &#8216;7.4 per cent&#8217; were substituted for &#8216;5 per cent&#8217; and &#8217;10 per cent&#8217;, respectively, and<\/p>\n<p>(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 &#8216;1.3 per cent&#8217; and &#8216;2.6 per cent&#8217; were substituted for &#8216;5 per cent&#8217; and &#8217;10 per cent&#8217;, respectively.<\/p>\n<p>(3)Notwithstanding subsection (1) &#8211;<\/p>\n<p>(a)where the individual or, being a husband or wife, the individual&#8217;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, and<\/p>\n<p>(b)where the individual or the individual&#8217;s civil partner is assessed to tax in accordance with section 1031C, then, except where section 1031H 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 civil partner, if any.<\/p>\n<p>(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.<\/p>\n<p>(5)<\/p>\n<p>(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 &#8211;<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(7)Subsections (6), (9) and (10) of section 372AP, in relation to &#8211;<\/p>\n<p>(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<\/p>\n<p>(b)the amount of eligible expenditure to be treated as incurred in the qualifying period,<\/p>\n<p>apply, with any necessary modifications, for the purposes of this section, in determining &#8211;<\/p>\n<p>(i)the amount of qualifying expenditure incurred on or in relation to a qualifying premises, and<\/p>\n<p>(ii)the amount of qualifying expenditure to be treated as incurred in the qualifying period,<\/p>\n<p>as they apply for the purposes of section 372AP.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(10)Section 372AS applies for the purposes of supplementing this section.<\/p>\n<p>372AS. Determination of expenditure incurred in qualifying period, and date expenditure treated as incurred for relief purposes.<br \/>\n(1)For the purposes of determining whether and to what extent &#8211;<\/p>\n<p>(a)in relation to any claim under section 372AP(2), eligible expenditure incurred on or in relation to a qualifying premises or a special qualifying premises, and<\/p>\n<p>(b)in relation to any claim under section 372AR(1), qualifying expenditure incurred on or in relation to a qualifying premises,<\/p>\n<p>is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on &#8211;<\/p>\n<p>(i)in the case of a claim under section 372AP(2), the construction of, conversion into, or refurbishment of, the qualifying premises or, as the case may be, the refurbishment of the special qualifying premises, and<\/p>\n<p>(ii)in the case of a claim under section 372AR(1), the construction of, conversion into, or refurbishment of the qualifying premises,<\/p>\n<p>actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(1A)<\/p>\n<p>(a)Where a person incurs eligible expenditure or qualifying expenditure at any time in the period 1 January 2006 to 31 July 2008 on or in relation to a qualifying premises or a special qualifying premises the amount of eligible expenditure or qualifying expenditure which is to be treated under subsection (1) as having been incurred in the qualifying period for the purposes of granting a deduction under section 372AP or under section 372AR, as the case may be, shall be reduced &#8211;<\/p>\n<p>(i)in the case of expenditure incurred in the period 1 January 2007 to 31 December 2007, to 75 per cent, and<\/p>\n<p>(ii)in the case of expenditure incurred in the period 1 January 2008 to 31 July 2008, to 50 per cent,<\/p>\n<p>of the amount which, apart from this subsection, would otherwise be so treated and, for those purposes, references in this Chapter to expenditure which is to be treated under section 372AS(1) as having been incurred in the qualifying period shall be construed accordingly.<\/p>\n<p>(b)For the purposes of paragraph (a) and in determining whether and to what extent eligible expenditure or qualifying expenditure is incurred or not incurred on or in relation to a qualifying premises or a special qualifying premises in &#8211;<\/p>\n<p>(i)the period from 1 January 2006 to 31 December 2006,<\/p>\n<p>(ii)the period from 1 January 2007 to 31 December 2007, or<\/p>\n<p>(iii)the period from 1 January 2008 to 31 July 2008,<\/p>\n<p>only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into, or refurbishment of, the qualifying premises or, as the case may be, the refurbishment of the special qualifying premises actually carried out in such a period shall be treated as having been incurred in that period.<\/p>\n<p>(2)Where, by virtue of section 372AN(7) or 372AQ(4), expenditure on the construction of, conversion into, or, as the case may be, refurbishment of, a qualifying premises includes expenditure on the development of any land, subsection (1) applies with any necessary modifications as if the references in that subsection to the construction of, conversion into, or, as the case may be, refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(2A)For the purposes of determining the amount of eligible expenditure or qualifying expenditure incurred on or in relation to a building, the site of which &#8211;<\/p>\n<p>(a)is situated partly inside and partly outside the boundary of a qualifying urban area, or<\/p>\n<p>(b)is situated partly inside and partly outside the boundary of a qualifying town area,<\/p>\n<p>and where expenditure incurred or treated as having been incurred in the qualifying period is attributable to the building 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.<\/p>\n<p>(3)<\/p>\n<p>(a)For the purposes of section 372AP other than those to which subsection (1) relates, expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 372AP other than those to which subsection (1) relates, refurbishment expenditure incurred in relation to the refurbishment of a qualifying premises or a special qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the refurbishment expenditure relates.<\/p>\n<p>(c)For the purposes of section 372AR other than those to which subsection (1) relates, expenditure incurred on the construction of, conversion into, or as the case may be, refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>372AT. Appeals.<br \/>\nDeleted from 21 March 2016<br \/>\nAn appeal to the Appeal Commissioners lies on any question arising under this Chapter (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals apply accordingly.<\/p>\n<p>372AU. Saver for relief due, and for clawback of relief given under, old schemes.<br \/>\n(1)Where, but for the repeal by section 24(3) of the Finance Act, 2002, of the provision concerned, a person would, in computing the amount of a surplus or deficiency in respect of rent from any premises &#8211;<\/p>\n<p>(a)be entitled to a deduction, or<\/p>\n<p>(b)be deemed to have received an amount as rent,<\/p>\n<p>under &#8211;<\/p>\n<p>(i)section 325, 326 or 327,<\/p>\n<p>(ii)section 334, 335 or 336,<\/p>\n<p>(iii)section 346, 347 or 348,<\/p>\n<p>(iv)section 356, 357 or 358, or<\/p>\n<p>(v)section 361, 362, or 363,<\/p>\n<p>then, notwithstanding that repeal, the person is entitled to that deduction or is deemed to have received that amount as rent, as the case may be, under this Chapter, and accordingly this Chapter applies with any modifications necessary to give effect to this subsection.<\/p>\n<p>(2)Where, but for the repeal by section 24(3) of the Finance Act, 2002, of the provision concerned, a person would, in the computation of his or her total income for any year of assessment, be entitled to a deduction under &#8211;<\/p>\n<p>(a)section 328,<\/p>\n<p>(b)section 337,<\/p>\n<p>(c)section 349, or<\/p>\n<p>(d)section 364,<\/p>\n<p>then, notwithstanding that repeal, the person is entitled to that deduction for that year of assessment under this Chapter, and accordingly this Chapter applies with any modification necessary to give effect to this subsection.<\/p>\n<p>372AV. Continuity.<br \/>\n(1)In this section, the &#8216;old enactments&#8217; means sections 372F, 372G, 372H, 372I, 372J, 372P, 372Q, 372R, 372RA, 372S, 372X, 372Y, 372Z, 372AE, 372AF, 372AG, 372AH, and 372AI, and Parts 11A and 11B, being enactments repealed under section 24(3) of the Finance Act, 2002.<\/p>\n<p>(2)The continuity of the operation of the law relating to income tax, corporation tax and capital gains tax is not affected by the substitution of this Chapter for the old enactments.<\/p>\n<p>(3)Any reference, whether express or implied, in any enactment or document, including this Chapter &#8211;<\/p>\n<p>(a)to any provision of this Chapter, or<\/p>\n<p>(b)to things or to be done under or for the purposes of any provision of this Chapter,<\/p>\n<p>shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the old enactments applied or had applied, a reference to, or, as the case may be, to things done or to be done under or for the purposes of, that corresponding provision.<\/p>\n<p>(4)Any reference, whether express or implied, in any enactment or document, including the old enactments &#8211;<\/p>\n<p>(a)to any provision of the old enactments, or<\/p>\n<p>(b)to things done or to be done under or for the purposes of any provision of the old enactments,<\/p>\n<p>shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Chapter applies, a reference to, or as the case may be, to things done or deemed to be done or to be done under or for the purposes of, that corresponding provision.<\/p>\n<p>(5)If and in so far as a provision of this Chapter operates, as on and from the date of the passing of the Finance Act, 2002, in substitution for a provision of the old enactments, anything done or having effect as if done under the provision of the old enactments before that date shall be treated on and from that date as if it were a thing done under the provision of this Chapter which so operates.<\/p>\n<p>(6)Without prejudice to the generality of subsections (2) to (5), this Chapter applies as if a deduction given to a person under the old enactments were a deduction given to such person under this Chapter in respect of, as may be appropriate &#8211;<\/p>\n<p>(a)eligible expenditure incurred in the qualifying period, on or in relation to a qualifying premises or a special qualifying premises, as the case may be, or<\/p>\n<p>(b)qualifying expenditure incurred in the qualifying period on or in relation to a qualifying premises.<\/p>\n<p>(7)Without prejudice to the generality of subsections (2) to (5), any reference in an order made under section 372B(1) or 372BA(1) to section 372F, 372G, 372H or 372I shall, as on and from the date of the passing of the Finance Act, 2002, be construed respectively as if it were a reference to &#8211;<\/p>\n<p>(a)section 372AP, in so far as it relates to expenditure on construction,<\/p>\n<p>(b)section 372AP, in so far as it relates to conversion expenditure,<\/p>\n<p>(c)section 372AP, in so far as it relates to refurbishment expenditure, and<\/p>\n<p>(d)section 372AR.<\/p>\n<p>(8)Without prejudice to the generality of subsections (2) to (5), any reference in an order made under section 372AB(1) to section 372AE, 372AF, 372AG or 372AH shall, as on and from the date of the passing of the Finance Act, 2002, be construed respectively as if it were a reference to &#8211;<\/p>\n<p>(a)section 372AP, in so far as it relates to expenditure on construction,<\/p>\n<p>(b)section 372AP, in so far as it relates to conversion expenditure,<\/p>\n<p>(c)section 372AP, in so far as it relates to refurbishment expenditure, and<\/p>\n<p>(d)section 372AR.<\/p>\n<p>(9)All officers who immediately before the date of the passing of the Finance Act, 2002, stood authorised or nominated for the purposes of any provision of the old enactments shall be deemed to be authorised or nominated, as the case may be, for the purposes of the corresponding provision of this Chapter.<\/p>\n<p>(10)All instruments, documents, authorisations and letters or notices of appointment made or issued under the old enactments and in force immediately before the date of the passing of the Finance Act, 2002, shall continue in force as if made or issued under this Chapter.<\/p>\n<p>&nbsp;<\/p>\n<h4>Chapter 12 Mid-Shannon Corridor Tourism Infrastructure Investment Scheme (372AW-372AZ)<\/h4>\n<p>372AW. Interpretation, applications for approval and certification.<br \/>\n(1)In this Chapter &#8211;<\/p>\n<p>&#8220;accommodation building&#8221; in relation to a project, means a building or structure or part of a building or structure which consists of accommodation facilities or which is to be used or is suitable for use for the provision of such facilities;<\/p>\n<p>&#8220;market value&#8221; in relation to a building or structure, means the price which the unencumbered fee simple of the building or structure 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 or structure, 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 or structure is constructed;<\/p>\n<p>&#8220;mid-Shannon corridor&#8221; means the corridor of land comprising all qualifying mid-Shannon areas;<\/p>\n<p>&#8220;mid-Shannon Tourism Infrastructure Board&#8221; means a board consisting of not more than 5 persons selected for the purposes of this Chapter by the Minister in consultation with the Minister for Finance;<\/p>\n<p>&#8220;Minister&#8221; means the Minister for Arts, Sport and Tourism;<\/p>\n<p>&#8220;project&#8221; means the construction or refurbishment of buildings and structures comprising &#8211;<br \/>\n(a)a holiday camp of the type referred to in section 372AX(1)(b), or<br \/>\n(b)one or more qualifying tourism infrastructure facilities,<br \/>\nthe site or sites of which is or are wholly within a qualifying mid-Shannon area;<\/p>\n<p>&#8220;property developer&#8221; 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;<\/p>\n<p>&#8220;qualifying mid-Shannon area&#8221; means any area described in Schedule 8B;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on 1 June 2008 and ending on 31 May 2013;<\/p>\n<p>&#8220;qualifying tourism infrastructure facilities&#8221; means such class or classes of facilities, comprising of buildings and structures only, as may be approved for the purposes of this Chapter by the Minister, in consultation with the Minister for Finance, and published in the relevant guidelines;<\/p>\n<p>&#8220;refurbishment&#8221; in relation to a building or structure, 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 &#8211;<br \/>\n(a)the repair or restoration, or<br \/>\n(b)maintenance in the nature of repair or restoration,<br \/>\nof the building or structure;<\/p>\n<p>&#8220;relevant guidelines&#8221; mean guidelines issued in accordance with subsection (3) of this section or any guidelines issued in accordance with that subsection which amend or replace those guidelines.<\/p>\n<p>(2)<\/p>\n<p>(a)Notwithstanding sections 372AX and 372AY, but subject to the subsequent provisions of this section and to section 372AZ, no relief from income tax or corporation tax, as the case may be, may be granted by virtue of this Chapter in respect of capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure unless the mid-Shannon Tourism Infrastructure Board has &#8211;<\/p>\n<p>(i)prior to such expenditure being incurred, but subject to paragraph (b), granted approval in principle in relation to the construction or refurbishment of the building or structure, and<\/p>\n<p>(ii)after the expenditure is incurred, certified in writing that the construction or refurbishment which was carried out is in accordance with the criteria specified in the relevant guidelines, having regard to any relevant conditions and requirements imposed by the Board in the approval granted under subparagraph (i).<\/p>\n<p>(b)Approval in principle shall not be granted in accordance with paragraph (a)(i) unless an application for such approval, in which the information and details as may be required in accordance with subsection (3)(h) are included, is received by the mid-Shannon Tourism Infrastructure Board within a period of 2 years commencing on the date on which this Chapter comes into effect.<\/p>\n<p>(3)Subject to subsection (4), for the purposes of approval and certification in accordance with subsection (2) and, as the case may be, certification in accordance with section 372AX(1)(d) or 372AY(1)(g) the Minister shall, in consultation with the Minister for Finance, issue guidelines to which the mid-Shannon Tourism Infrastructure Board shall have regard in deciding whether to grant approval in principle or to issue certification in relation to any building or structure and which guidelines may include criteria in relation to all or any one or more of the following:<\/p>\n<p>(a)the nature and extent of the contribution which the project, in which the building or structure is comprised, makes to tourism development in the mid-Shannon corridor or the qualifying mid-Shannon area;<\/p>\n<p>(b)coherence with national tourism strategy;<\/p>\n<p>(c)environmental sensitivity, having particular regard to any area which is &#8211;<\/p>\n<p>(i)a European site within the meaning of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), or<\/p>\n<p>(ii)a natural heritage area, a nature reserve or a refuge for fauna for the purposes of the Wildlife Acts 1976 and 2000;<\/p>\n<p>(d)the amenities and facilities required to be provided in each type of project;<\/p>\n<p>(e)the nature of and maximum extent to which accommodation buildings (if any) are allowable in each type of project;<\/p>\n<p>(f)specific standards of design and construction in relation to buildings and structures which may qualify for relief under this Chapter;<\/p>\n<p>(g)relevant planning matters, including the need for consistency with the requirements of a development plan or a local area plan within the meaning of those terms in the Planning and Development Act 2000;<\/p>\n<p>(h)the details and information required to be provided in an application for approval or certification in accordance with section 372AW(2) and, as the case may be, an application for certification in accordance with section 372AX(1)(d) or 372AY(1)(g); and<\/p>\n<p>(i)matters relating to the provision of information in accordance with sections 372AX(1)(c) and 372AY(1)(f),<\/p>\n<p>together with such other matters as the Minister, in consultation with the Minister for Finance, may consider are required to be included.<\/p>\n<p>(4)<\/p>\n<p>(a)Subject to paragraphs (b) and (c), approval and certification in accordance with subsection (2) shall not be granted or issued by the mid-Shannon Tourism Infrastructure Board in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of one or more than one accommodation building comprised in a project to the extent that such expenditure exceeds (or, where an application for approval is involved, is projected to exceed) an amount (referred to in this subsection as the \u2018limit amount&#8217;) which is equal to the lesser of &#8211;<\/p>\n<p>(i)50 per cent, or such lower percentage as may be specified (in accordance with subsection (3)(e)) in the relevant guidelines for the type of project involved, of the total amount of the capital expenditure incurred in the qualifying period on the construction or refurbishment of all the buildings or structures comprised in the project, and<\/p>\n<p>(ii)the amount of the capital expenditure incurred in the qualifying period on the construction or refurbishment of buildings and structures comprised in the project which are other than accommodation buildings.<\/p>\n<p>(b)In any case where &#8211;<\/p>\n<p>(i)there is more than one accommodation building comprised in a project, and<\/p>\n<p>(ii)the aggregate of the amounts of capital expenditure incurred in the qualifying period on the construction or refurbishment of each accommodation building exceeds the limit amount,<\/p>\n<p>then that aggregate shall, for the purposes of an application for approval or for certification in accordance with subsection (2), be reduced to an amount equivalent to the limit amount and that equivalent amount shall be apportioned on a just and reasonable basis between all the accommodation buildings comprised in the project.<\/p>\n<p>(c)Subject to the criteria in the relevant guidelines being satisfied, the mid-Shannon Tourism Infrastructure Board may grant approval or issue certification in accordance with subsection (2) in relation to an accommodation building &#8211;<\/p>\n<p>(i)where there is one accommodation building comprised in a project, only in relation to the amount of the capital expenditure incurred on the construction or refurbishment of the building in the qualifying period as does not exceed the limit amount, and<\/p>\n<p>(ii)where paragraph (b) applies, provided that it is satisfied with the basis on which the apportionment has been made, only in relation to that part of the equivalent amount (as referred to in paragraph (b)) which is attributable to the buildingfollowing the apportionment made in accordance with that paragraph.<\/p>\n<p>372AX. Accelerated capital allowances in relation to the construction or refurbishment of certain registered holiday camps.<br \/>\n(1)In this section &#8216;building or structure to which this section applies&#8217; means a building or structure &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying mid-Shannon area,<\/p>\n<p>(b)which is in use as a holiday camp &#8211;<\/p>\n<p>(i)registered in the register of holiday camps kept under the Tourist Traffic Acts 1939 to 2003, and<\/p>\n<p>(ii)which meets the requirements of the relevant guidelines in relation to the types of amenities and facilities that need to be provided in a holiday camp for the purposes of this Chapter,<\/p>\n<p>(c)in relation to which the following data has been provided to the mid-Shannon Tourism Infrastructure Board for onward transmission to the Minister and the Minister for Finance:<\/p>\n<p>(i)<\/p>\n<p>(I)the amount of the capital expenditure actually incurred in the qualifying period on the construction or refurbishment of the building or structure, and<\/p>\n<p>(II)where subsection (4) of section 372AW applies in relation to an accommodation building, the amount of such expenditure which is eligible for certification in accordance with that section;<\/p>\n<p>(ii)the number and nature of the investors that are investing in the building or structure;<\/p>\n<p>(iii)the amount to be invested by each investor; and<\/p>\n<p>(iv)the nature of the structures which are being put in place to facilitate the investment in the building or structure;<\/p>\n<p>together with such other information as may be specified in the relevant guidelines as being of assistance to the Minister for Finance in evaluating the costs, including but not limited to exchequer costs, and the benefits arising from the operation of tax relief for buildings and structures under this Chapter, and<\/p>\n<p>(d)in respect of which the mid-Shannon Tourism Infrastructure Board gives a certificate in writing after the building or structure is first used or, where capital expenditure is incurred on the refurbishment of a building or structure, first used subsequent to the incurring of that expenditure &#8211;<\/p>\n<p>(i)stating that it is satisfied that the conditions in paragraphs (a), (b) and (c) have been met,<\/p>\n<p>(ii)confirming the date of first use or, as the case may be, first use after refurbishment, and<\/p>\n<p>(iii)which includes certification in accordance with section 372AW(2)(a)(ii) or a copy of such certification (if previously issued).<\/p>\n<p>(2)Subject to subsections (3) and (4) and to section 372AZ, Chapter 1 of Part 9 applies in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure to which this section applies as if &#8211;<\/p>\n<p>(a)in section 272 &#8211;<\/p>\n<p>(i)in subsection (3), the following were substituted for paragraph (c):<\/p>\n<p>&#8216;(c)in relation to a building or structure to which section 372AX applies, 15 per cent of the capital expenditure referred to in subsection (2) of that section,&#8217;,<\/p>\n<p>and<\/p>\n<p>(ii)in subsection (4), the following were substituted for paragraph (c):<\/p>\n<p>&#8216;(c)in relation to a building or structure to which section 372AX applies, 15 years beginning with the time when the building or structure was first used or, where capital expenditure on the refurbishment of the building or structure is incurred, 15 years beginning with the time when the building or structure was first used subsequent to the incurring of that expenditure,&#8217;,<\/p>\n<p>and<\/p>\n<p>(b)in section 274(1)(b), the following were substituted for subparagraph (iii):<\/p>\n<p>&#8216;(iii)in relation to a building or structure to which section 372AX applies, 15 years after the building or structure was first used or, where capital expenditure on the refurbishment of the building or structure is incurred, 15 years after the building or structure was first used subsequent to the incurring of that expenditure,&#8217;.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a building or structure to which this section applies, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 20 per cent of the market value of the building or structure immediately before that expenditure was incurred.<\/p>\n<p>(4)In determining for the purposes of this Chapter whether and to what extent capital expenditure incurred on the construction or refurbishment of a building or structure to which this section applies is incurred or not incurred in the qualifying period, such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, refurbishment of the building or structure actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372AY. Capital allowances in relation to the construction or refurbishment of certain tourism infrastructure facilities.<br \/>\n(1)In this section &#8216;qualifying premises&#8217; means a building or structure &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying mid-Shannon area,<\/p>\n<p>(b)which apart from this section is not an industrial building or structure within the meaning of section 268 or deemed to be such a building or structure,<\/p>\n<p>(c)which is in use for the purposes of the operation of one or more qualifying tourism infrastructure facilities,<\/p>\n<p>(d)<\/p>\n<p>(i)subject to subparagraph (ii), which does not include a building or structure or part of a building or structure which is a licensed premises (as defined in section 2 of the Intoxicating Liquor Act 1988), but<\/p>\n<p>(ii)which may include a building or structure or part of a building or structure which is a restaurant (as defined in section 6 of the Intoxicating Liquor Act 1988) in relation to which &#8211;<\/p>\n<p>(I)a wine retailer&#8217;s on-licence, within the meaning of the Finance (1909-10) Act 1910, is currently in force, or<\/p>\n<p>(II)a special restaurant licence, within the meaning of the Intoxicating Liquor Act 1988, has been granted under section 9 of that Act,<\/p>\n<p>(e)which does not include a building or structure or part of a building or structure in use as a facility in which gambling, gaming or wagering of any sort is carried on for valuable consideration or which supports the carrying on of such activities,<\/p>\n<p>(f)in relation to which the following data has been provided to the mid-Shannon Tourism Infrastructure Board for onward transmission to the Minister and the Minister for Finance:<\/p>\n<p>(i)<\/p>\n<p>(I)the amount of the capital expenditure actually incurred in the qualifying period on the construction or refurbishment of the building or structure; and<\/p>\n<p>(II)where subsection (4) of section 372AW applies in relation to an accommodation building, the amount of such expenditure which is eligible for certification in accordance with that section;<\/p>\n<p>(ii)the number and nature of the investors that are investing in the building or structure;<\/p>\n<p>(iii)the amount to be invested by each investor; and<\/p>\n<p>(iv)the nature of the structures which are being put in place to facilitate the investment in the building or structure;<\/p>\n<p>together with such other information as may be specified in the relevant guidelines as being of assistance to the Minister for Finance in evaluating the costs, including but not limited to exchequer costs, and the benefits arising from the operation of tax relief for buildings and structures under this Chapter, and<\/p>\n<p>(g)in respect of which the mid-Shannon Tourism Infrastructure Board gives a certificate in writing after the building or structure is first used or, where capital expenditure is incurred on the refurbishment of the building or structure, first used subsequent to the incurring of that expenditure &#8211;<\/p>\n<p>(i)stating that it is satisfied that the conditions in paragraphs (a), (b), (c), (d), (e) and (f) have been met,<\/p>\n<p>(ii)confirming the date of first use or, as the case may be, first use after refurbishment, and<\/p>\n<p>(iii)which includes certification in accordance with section 372AW(2)(a)(ii) or a copy of such certification (if previously issued).<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b), subsections (3) to (5) and section 372AZ, the provisions of the Tax Acts relating to the making of allowances and charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply &#8211;<\/p>\n<p>(i)as if the qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for a purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if (for the purposes only of the making of allowances and charges by virtue of subparagraph (i)), it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in respect of any capital expenditure incurred on the construction or refurbishment of a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)In the case where capital expenditure is incurred in the qualifying period on the refurbishment of a qualifying premises, subsection (2) shall apply only if the total amount of the capital expenditure so incurred is not less than an amount equal to 20 per cent of the market value of the building or structure immediately before that expenditure was incurred.<\/p>\n<p>(4)For the purposes of the application, by subsection (2), of Chapter 1 of Part 9 in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a qualifying premises &#8211;<\/p>\n<p>(a)section 272 shall apply as if &#8211;<\/p>\n<p>(i)in subsection (3), the following were substituted for paragraph (a):<\/p>\n<p>&#8216;(a)in relation to a building or structure to which section 372AY applies, 15 per cent of the capital expenditure referred to in subsection (2)(b) of that section,&#8217;,<\/p>\n<p>and<\/p>\n<p>(ii)in subsection (4), the following were substituted for paragraph (a):<\/p>\n<p>&#8216;(a)in relation to a building or structure to which section 372AY applies, 15 years beginning with the time when the building or structure was first used or, where capital expenditure on the refurbishment of the building or structure is incurred, 15 years beginning with the time when the building or structure was first used subsequent to the incurring of that expenditure,&#8217;,<\/p>\n<p>and<\/p>\n<p>(b)section 274(1)(b) shall apply as if the following were substituted for subparagraph (i):<\/p>\n<p>&#8216;(i)in relation to a building or structure to which section 372AY applies, 15 years after the building or structure was first used or, where capital expenditure on the refurbishment of the building or structure is incurred, 15 years after the building or structure was first used subsequent to the incurring of that expenditure,&#8217;.<\/p>\n<p>(5)In determining for the purposes of this Chapter whether and to what extent capital expenditure incurred on the construction or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, such an amount of that capital expenditure as is properly attributable to work on the construction or, as the case may be, refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>372AZ. Restrictions on relief, non-application of relief in certain cases and provision against double relief.<br \/>\n(1)Notwithstanding any other provision of this Chapter, sections 372AX and 372AY shall not apply in respect of expenditure incurred on the construction or refurbishment of a building or structure &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)where a property developer or a person who is connected (within the meaning of section 10) with the property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(ii)either of the persons referred to in subparagraph (i) incurred the capital expenditure on the construction or refurbishment of the building or structure concerned, or such expenditure was incurred by any other person connected (within the meaning of section 10) with the property developer,<\/p>\n<p>(b)where any part of such expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State,<\/p>\n<p>(c)unless the potential capital allowances in relation to the building or structure concerned and the project in which it is comprised comply with &#8211;<\/p>\n<p>(i)the requirements of the Guidelines on National Regional Aid for 2007-2013 prepared by the Commission of the European Communities and issued on 4 March 2006, and<\/p>\n<p>(ii)the National Regional Aid Map for Ireland for the period 1 January 2007 to 31 December 2013 which was approved by the said Commission on 24 October 2006,<\/p>\n<p>or<\/p>\n<p>(d)where the person who is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure is subject to an outstanding recovery order following a previous decision of the Commission of the European Communities declaring aid in favour of that person to be illegal and incompatible with the common market.<\/p>\n<p>(2)Where relief is given by virtue of section 372AX or 372AY in relation to capital expenditure incurred on the construction or refurbishment of a building or structure, relief shall not be given in respect of that expenditure under any other provision of the Tax Acts.<\/p>\n<p>(3)Where &#8211;<\/p>\n<p>(a)capital expenditure is incurred in the qualifying period on the construction or refurbishment of an accommodation building, and<\/p>\n<p>(b)subsection (4) of section 372AW applies so as to reduce the amount of such expenditure which is eligible for certification in accordance with that section by the mid-Shannon Tourism Infrastructure Board,<\/p>\n<p>then the amount of the capital expenditure actually incurred in the qualifying period on the construction or refurbishment of the accommodation building which is to be treated as incurred &#8211;<\/p>\n<p>(i)for the purposes of the making of allowances and charges under Chapter 1 of Part 9, by virtue of section 372AX or 372AY, (including the making of balancing allowances and charges under section 274 and the calculation of the residue of expenditure under section 277), but<\/p>\n<p>(ii)prior to the operation of subsection (4),<\/p>\n<p>shall be reduced to the amount of the capital expenditure which was eligible for certification by the mid-Shannon Tourism Infrastructure Board in relation to that building.<\/p>\n<p>(4)Where relief under Chapter 1 of Part 9 is, by virtue of section 372AX or 372AY, to apply in relation to capital expenditure incurred in the qualifying period on the construction or refurbishment of a building or structure the site of which is wholly within a qualifying mid-Shannon area described in either Part 1 or Part 5 of Schedule 8B (as inserted by the Finance Act 2007), then the amount of that capital expenditure which is to be treated as incurred for the purposes of the making of allowances and charges under that Chapter (including the making of balancing allowances and charges under section 274 and the calculation of the residue of expenditure under section 277) shall be reduced to 80 per cent of the amount which, apart from this subsection, would otherwise be so treated.<\/p>\n<p>(5)<\/p>\n<p>(a)For the purposes of the making of allowances and charges under Chapter 1 of Part 9 as is referred to in subsections (3) and (4), references in the Tax Acts, other than those in section 279 as applied by paragraph (b), to expenditure incurred on the construction or, as the case may be, refurbishment of a building or structure shall be construed as a reference to such expenditure as reduced in accordance with either or both of those subsections.<\/p>\n<p>(b)Section 279 shall apply in relation to a building or structure to which either or both subsections (3) and (4) apply as if &#8211;<\/p>\n<p>(i)in subsection (1) of that section, the following were substituted for the definition of \u2018the net price paid&#8217;:<\/p>\n<p>&#8216;&#8221; the net price paid &#8221; means the amount represented by A in the equation &#8211;<\/p>\n<p>A = B x DCD<\/p>\n<p>D + E<\/p>\n<p>where &#8211;<\/p>\n<p>Bis the amount paid by a person on the purchase of the relevant interest in the building or structure,<\/p>\n<p>Cis the amount of the expenditure actually incurred on the construction of the building or structure as reduced in accordance with either or both subsections (3) and (4) of section 372AZ,<\/p>\n<p>Dis the amount of the expenditure actually incurred on the construction of the building or structure, and<\/p>\n<p>Eis the amount of any expenditure actually incurred which is expenditure for the purposes of paragraph (a), (b) or (c) of section 270(2).&#8217;,<\/p>\n<p>(ii)in subsection (2) of that section, the following were substituted for paragraph (b):<\/p>\n<p>&#8216;(b)the person who buys that interest shall be deemed for those purposes to have incurred, on the date when the purchase price becomes payable, expenditure on the construction of the building or structure equal to that expenditure as reduced in accordance with either or both subsections (3) and (4) of section 372AZ or to the net price paid (within the meaning of that term as applied by section 372AZ(5)) by such person for that interest, whichever is the less;&#8217;,<\/p>\n<p>and<\/p>\n<p>(iii)in subsection (3) of that section, the reference to \u2018that expenditure or to&#8217; were a reference to \u2018that expenditure as reduced in accordance with either or both subsections (3) and (4) of section 372AZ or to&#8217;.<\/p>\n<p>&nbsp;<\/p>\n<h4>Chapter 13 Living City Initiative (ss. 372AAA-372AAD)<\/h4>\n<p>372AAA. Interpretation (Chapter 13).<br \/>\nIn this Chapter &#8211;<\/p>\n<p>&#8220;market value&#8221;, 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;<\/p>\n<p>&#8220;PPS number&#8221; and &#8220;tax reference number&#8221; have the same meanings respectively as in section 477B(1);<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on the date of the coming into operation of section 30 of the Finance Act 2013 and ending on 1 December 2027;<\/p>\n<p>&#8220;refurbishment&#8221;, in relation to a building, structure or house, 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, structure or house;<\/p>\n<p>&#8220;relevant house&#8221; means a building constructed before 1915;<\/p>\n<p>&#8220;special regeneration area&#8221; means an area or areas specified as a special regeneration area by order of the Minister for Finance.<\/p>\n<p>372AAB. Residential accommodation: allowance to owner-occupiers in respect of qualifying expenditure incurred on the conversion and refurbishment of Georgian houses.<\/p>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8216;conversion&#8217; in relation to a building, structure or house, means any work of &#8211;<\/p>\n<p>(a)conversion into a house of a building or part of a building where the building or, as the case may be, the part of the building has not, immediately prior to the conversion, been in use as a dwelling, and<\/p>\n<p>(b)conversion into 2 or more houses of a building or part of a building where before the conversion the building or, as the case may be, the part of the building has not, immediately prior to the conversion, been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>including the carrying out of any necessary works of construction, reconstruction, repair or renewal, and the provision or improvement of water, sewerage or heating facilities in relation to the building or the part of the building, as the case may be;<\/p>\n<p>&#8216;house&#8217; includes any building or part of a building used or suitable for use as a dwelling and any out office, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8216;letter of certification&#8217; means a letter from the relevant local authority stating that &#8211;<\/p>\n<p>(a)planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment or conversion has been granted under the Planning and Development Acts 2000 to 2010,<\/p>\n<p>(b)[deleted]<\/p>\n<p>(c)the house to which the letter relates complies with such conditions, if any, as may be determined by the Minister for the Environment, Community and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act 1979, in relation to standards for improvement of houses and the provision of water, sewerage and other services in houses, and<\/p>\n<p>(d)that at the time of issuing of the letter and on the basis of the information available at that time the cost of conversion into, or as the case may be, refurbishment of, the house appears to be reasonable;<\/p>\n<p>&#8216;qualifying expenditure&#8217; means expenditure incurred by an individual, in the qualifying period, on the conversion into, or, as the case may be, the refurbishment of a qualifying premises, after deducting from that amount of expenditure any sum in respect of or by reference to &#8211;<\/p>\n<p>(a)that expenditure,<\/p>\n<p>(b)the qualifying premises, or<\/p>\n<p>(c)the conversion or, as the case may be, the refurbishment work in respect of which that expenditure was incurred;<\/p>\n<p>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;<\/p>\n<p>&#8216;qualifying premises&#8217; means a relevant house &#8211;<\/p>\n<p>(a)the site of which is wholly within a special regeneration area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which a letter of certification has issued, and<\/p>\n<p>(d)which is first used, after the qualifying expenditure has been incurred, by the individual as his or her only or main residence;<\/p>\n<p>&#8216;relevant local authority&#8217; means the local authority, within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), in whose functional area the special regeneration area is situated.<\/p>\n<p>(2)<\/p>\n<p>(a)Where an individual, having duly made a claim, proves to have incurred qualifying expenditure on a qualifying premises in a year of assessment before the year of assessment 2023, the individual is entitled, for the year of assessment in which the expenditure was incurred and for any of the 9 subsequent years of assessment in which the qualifying premises is his or her only or main residence, to have a deduction made from his or her total income of an amount equal to 10 per cent of the amount of that expenditure.<\/p>\n<p>(b)Where an individual, having duly made a claim, proves to have incurred qualifying expenditure on a qualifying premises in the year of assessment 2023 or any subsequent year, the individual is entitled, subject to subsection (11), for the year of assessment in which expenditure was incurred and for any of the 6 subsequent years of assessment in which the qualifying premises is his or her only or main residence, to have a deduction made from his or her total income of an amount equal to &#8211;<\/p>\n<p>(i)15 per cent of that expenditure incurred for each of the first 6 years of assessment, and<\/p>\n<p>(ii)10 per cent of that expenditure for the final year of assessment.<\/p>\n<p>(2A)Relief under this section shall not be given unless the following information is provided to the Revenue Commissioners as part of the claim, referred to in subsection (2), made by the individual:<\/p>\n<p>(a)the name and PPS number of the individual making the claim;<\/p>\n<p>(b)the address of the qualifying premises in respect of which the qualifying expenditure was incurred;<\/p>\n<p>(c)the unique identification number (if any) assigned to the qualifying premises under section 27 of the Finance (Local Property Tax) Act 2012; and<\/p>\n<p>(d)details of the aggregate of all qualifying expenditure incurred by the individual in respect of the qualifying premises.<\/p>\n<p>(2B)Any claim made, or information required to be provided, to the Revenue Commissioners under this section, shall be made or provided by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for any such purpose.<\/p>\n<p>(3)Where the individual or &#8211;<\/p>\n<p>(a)the individual&#8217;s spouse, is assessed to tax in accordance with section 1017, or<\/p>\n<p>(b)the individual&#8217;s civil partner is assessed to tax in accordance with section 1031C,<\/p>\n<p>then, except where section 1023 or 1031H, as the case may be, applies, the individual shall be entitled to have the deduction, to which he or she is entitled under subsection (2), made from his or her total income and the total income of his or her spouse or civil partner, as the case may be, if any.<\/p>\n<p>(4)For the purposes of determining whether and to what extent qualifying expenditure incurred on or in relation to a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the conversion into or refurbishment of the qualifying premises actually carried out during the qualifying period shall be treated as having been incurred in that period.<\/p>\n<p>(5)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.<\/p>\n<p>(6)Subsections (6), (9) and (10) of section 372AP shall, with any necessary modifications, apply in relation to &#8211;<\/p>\n<p>(a)the apportionment of eligible expenditure (within the meaning of section 372AN) incurred on or in relation to a qualifying premises and of the relevant cost (within the meaning of section 372AP) in relation to that premises, and<\/p>\n<p>(b)the amount of eligible expenditure (within the meaning aforesaid) to be treated as incurred in the qualifying period,<\/p>\n<p>for the purposes of this section, in determining &#8211;<\/p>\n<p>(i)the amount of qualifying expenditure incurred on or in relation to a qualifying premises, and<\/p>\n<p>(ii)the amount of qualifying expenditure to be treated as incurred in the qualifying period,<\/p>\n<p>as they apply for the purposes of section 372AP.<\/p>\n<p>(7)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.<\/p>\n<p>(8)For the purposes of this section, expenditure incurred on the conversion into, or, as the case may be, refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.<\/p>\n<p>(9)This section shall not apply where qualifying expenditure incurred does not exceed \u20ac5,000.<\/p>\n<p>(10)[deleted]<\/p>\n<p>(11)<\/p>\n<p>(a)Where in a year of assessment an individual is entitled to a deduction under subsection (2)(b), in respect of which a deduction has not been wholly given in that year of assessment, the individual may claim that any portion of the deduction which has not been given shall be carried forward and, in so far as may be, deducted from his or her total income in subsequent years of assessment in which the qualifying premises remains as his or her only or main residence.<\/p>\n<p>(b)Subject to paragraph (c), any deduction under this subsection shall be given as far as possible from the assessment for the first and subsequent year of assessment and, in so far as it cannot be so given, from the assessment for the next year of assessment and so on.<\/p>\n<p>(c)No deduction shall be allowed under this subsection for a year of assessment commencing 10 or more years after the year of assessment in which a claim was first made under subsection (2)(b).<\/p>\n<p>372AAC. Capital allowances in relation to conversion or refurbishment of certain commercial premises.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;conversion&#8217;, in relation to a building or structure, means any work of conversion, reconstruction or renewal, into a building suitable for use for the purposes of the retailing of goods or the provision of services only within the State and includes the provision or improvement of water, sewerage or heating facilities carried out, or maintenance in the nature of repair;<\/p>\n<p>&#8216;property developer&#8217; 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;<\/p>\n<p>&#8216;qualifying expenditure&#8217;, in relation to capital expenditure incurred in the qualifying period on the conversion or the refurbishment of a qualifying premises and subject to subsection (1A), means, notwithstanding section 279, the lesser of &#8211;<\/p>\n<p>(a)the aggregate of all such capital expenditure, and<\/p>\n<p>(b)<\/p>\n<p>(i)where the person who incurred the capital expenditure is a company carrying on a trade from the qualifying premises, \u20ac1,600,000,<\/p>\n<p>(ii)where the person who incurred the capital expenditure is a company who is letting the qualifying premises, \u20ac800,000, or<\/p>\n<p>(iii)where the person who incurred the capital expenditure is an individual, \u20ac400,000,<\/p>\n<p>and for the purposes of giving relief under this section, any reference to expenditure being incurred shall include a reference to expenditure deemed under any provision of Part 9 to be incurred;<\/p>\n<p>&#8216;qualifying premises&#8217; means a building or structure (or part of a building or structure) the site of which is wholly within a special regeneration area, and which &#8211;<\/p>\n<p>(a)apart from this section is not an industrial building or structure within the meaning of section 268, and<\/p>\n<p>(b)is &#8211;<\/p>\n<p>(i)in use for the purposes of the retailing of goods or the provision, only within the State, of services, or<\/p>\n<p>(ii)let on bona fide commercial terms for such use as is referred to in subparagraph (i) and for such consideration as might be expected to be paid in a letting of the building or structure negotiated on an arm&#8217;s length basis,<\/p>\n<p>but does not include any part of a building or structure in use as or as part of a dwelling house.<\/p>\n<p>(1A)Notwithstanding the definition of qualifying expenditure in subsection (1), where capital expenditure is incurred in the qualifying period on a qualifying premises by 2 or more persons, being either individuals or companies or individuals and companies, the amount of expenditure which is to be treated as qualifying expenditure incurred by each person for the purposes of this section, shall, if necessary and notwithstanding section 279, be reduced, such that the amount determined by the formula &#8211;<\/p>\n<p>(A x 50 per cent) + (B x 12\u00bd per cent)<\/p>\n<p>does not exceed \u20ac200,000, or<\/p>\n<p>where a company or companies are in receipt of rental income from letting the qualifying premises the qualifying expenditure incurred by each person for the purposes of this section, shall, if necessary and notwithstanding section 279, be reduced, such that the amount determined by the formula &#8211;<\/p>\n<p>(A x 50 per cent) + (B x 25 per cent)<\/p>\n<p>does not exceed \u20ac200,000,<\/p>\n<p>where &#8211;<\/p>\n<p>Ais the aggregate of all qualifying expenditure incurred by the individual or individuals, and<\/p>\n<p>Bis the aggregate of all qualifying expenditure incurred by the company or companies.<\/p>\n<p>(2)<\/p>\n<p>(a)Subject to paragraph (b) and subsections (4) to (8), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply in relation to qualifying expenditure on a qualifying premises &#8211;<\/p>\n<p>(i)has if the qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for the purpose specified in section 268(1)(a), and<\/p>\n<p>(ii)where any activity carried on in the qualifying premises is not a trade, as if (for the purposes only of the making of allowances and charges by virtue of subparagraph (i)), it were a trade.<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in relation to any qualifying expenditure on a qualifying premises only in so far as that expenditure is incurred in the qualifying period.<\/p>\n<p>(3)[deleted]<\/p>\n<p>(4)In relation to qualifying expenditure incurred in the qualifying period on a qualifying premises, section 272 shall apply as if &#8211;<\/p>\n<p>(a)in subsection (3)(a)(ii) of that section the reference to 4 per cent were a reference to 15 per cent, and<\/p>\n<p>(b)in subsection (4)(a) of that section the following were substituted for subparagraph (ii):<\/p>\n<p>&#8216;(ii)where capital expenditure on the conversion or refurbishment of the building or structure is incurred, 7 years beginning with the time when the building or structure was first used subsequent to the incurring of that expenditure.&#8217;.<\/p>\n<p>(5)Notwithstanding section 274(1), no balancing allowance or balancing charge shall be made in relation to a qualifying premises by reason of any event referred to in that section which occurs more than 7 years after the qualifying premises was first used subsequent to the incurring of the qualifying expenditure on the conversion or refurbishment of the qualifying premises.<\/p>\n<p>(6)This section shall not apply where qualifying expenditure incurred does not exceed \u20ac5,000.<\/p>\n<p>(6A)Relief under this section shall not be given unless the following information is provided to the Revenue Commissioners before the first claim is made by the person in accordance with subsection (2):<\/p>\n<p>(a)the name, address and tax reference number of the person making the claim;<\/p>\n<p>(b)the address of the qualifying premises in respect of which the qualifying expenditure was incurred;<\/p>\n<p>(c)details of the aggregate of all qualifying expenditure incurred by the person in respect of the qualifying premises; and<\/p>\n<p>(d)a brief description of the nature of the retail or other service which is provided or is to be provided in the qualifying premises.<\/p>\n<p>(6B)Any information required to be provided to the Revenue Commissioners under this section shall be provided by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for such purpose.<\/p>\n<p>(7)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the conversion or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the conversion or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(8)Notwithstanding any other provision of this section, this section shall not apply in respect of qualifying expenditure incurred on a qualifying premises where &#8211;<\/p>\n<p>(a)a property developer, or a person who is connected (within the meaning of section 10) with the property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(b)either of the persons referred to in paragraph (a) incurred the qualifying expenditure on that qualifying premises, or such expenditure was incurred by any other person connected (within the meaning of section 10) with the property developer.<\/p>\n<p>(8A)Where any part of qualifying expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State, then that qualifying expenditure shall be reduced by an amount equal to 3 times the sum received or receivable.<\/p>\n<p>(9)Where relief is given by virtue of this section in relation to capital expenditure incurred on the conversion or refurbishment of a building or structure, relief shall not be given in respect of that expenditure under any other provision of the Tax Acts.<\/p>\n<p>(10)A person shall not be entitled to allowances under this section while that person is regarded as an undertaking in difficulty for the purposes of the Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty .<\/p>\n<p>372AAD. Residential accommodation: capital allowances to lessors in respect of eligible expenditure incurred on the conversion and refurbishment of relevant houses.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;conversion&#8217; in relation to a building, structure or house, has the meaning given to it in section 372AAB;<\/p>\n<p>&#8216;eligible expenditure&#8217;, in relation to capital expenditure incurred in the relevant qualifying period on the conversion or the refurbishment of a special qualifying premises, and subject to subsection (2), means, notwithstanding section 279, the lesser of &#8211;<\/p>\n<p>(a)the aggregate of all such capital expenditure, and<\/p>\n<p>(b)<\/p>\n<p>(i)where the person who incurred the capital expenditure is a company, \u20ac800,000, or<\/p>\n<p>(ii)where the person who incurred the capital expenditure is an individual, \u20ac400,000,<\/p>\n<p>and, for the purposes of giving relief under this section, any reference to expenditure being incurred shall include a reference to expenditure deemed under any provision of Part 9 to be incurred;<\/p>\n<p>&#8216;house&#8217; has the meaning given to it in section 372AAB;<\/p>\n<p>&#8216;letter of certification&#8217; has the meaning given to it in section 372AAB;<\/p>\n<p>&#8216;property developer&#8217; has the meaning given to it in section 372AAC;<\/p>\n<p>&#8216;relevant qualifying period&#8217; means the period commencing on the date of coming into operation of this section and ending on 31 December 2027;<\/p>\n<p>&#8216;special qualifying premises&#8217; means a relevant house &#8211;<\/p>\n<p>(a)the site of which is wholly within a special regeneration area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)in respect of which a letter of certification has issued, and<\/p>\n<p>(d)is let on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the relevant house negotiated on an arm&#8217;s length basis.<\/p>\n<p>(2)Notwithstanding the definition of eligible expenditure in subsection (1), where capital expenditure is incurred in the relevant qualifying period on a special qualifying premises by 2 or more persons, being either individuals or companies or individuals and companies, the amount of expenditure which is to be treated as eligible expenditure incurred by each person for the purposes of this section, shall, if necessary and notwithstanding section 279, be reduced, such that the amount determined by the formula &#8211;<\/p>\n<p>(A x 50 per cent) + (B x 25 per cent)<\/p>\n<p>does not exceed \u20ac200,000,<\/p>\n<p>where &#8211;<\/p>\n<p>A is the aggregate of all eligible expenditure incurred by the individual or individuals, and<\/p>\n<p>B is the aggregate of all eligible expenditure incurred by the company or companies.<\/p>\n<p>(3)<\/p>\n<p>(a)Subject to paragraph (b) and subsections (4) to (10), the provisions of the Tax Acts relating to the making of allowances or charges in respect of capital expenditure incurred on the construction or refurbishment of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply in relation to eligible expenditure on a special qualifying premises as if the special qualifying premises were, at all times at which it is a special qualifying premises, an industrial building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter 1 of Part 9 by reason of its use for the purpose specified in section 268(1)(a).<\/p>\n<p>(b)An allowance shall be given by virtue of this subsection in relation to any eligible expenditure on a special qualifying premises only in so far as that expenditure is incurred in the relevant qualifying period.<\/p>\n<p>(4)In relation to eligible expenditure incurred in the relevant qualifying period on a special qualifying premises, section 272 shall apply as if &#8211;<\/p>\n<p>(a)in subsection (3)(a)(ii) of that section the reference to 4 per cent were a reference to 15 per cent, and<\/p>\n<p>(b)in subsection (4)(a) of that section the following were substituted for subparagraph (ii):<\/p>\n<p>&#8216;(ii)where capital expenditure on the conversion or refurbishment of the building or structure is incurred, 7 years beginning with the time when the building or structure was first used subsequent to the incurring of that expenditure.&#8217;.<\/p>\n<p>(5)Relief under this section shall not be given unless the following information is provided to the Revenue Commissioners as part of the first claim made by the person in accordance with subsection (3):<\/p>\n<p>(a)the name and PPS number or tax reference number of the person making the claim;<\/p>\n<p>(b)the address of the special qualifying premises in respect of which the eligible expenditure was incurred;<\/p>\n<p>(c)the unique identification number (if any) assigned to the special qualifying premises under section 27 of the Finance (Local Property Tax) Act 2012; and<\/p>\n<p>(d)details of the aggregate of all eligible expenditure incurred by the person in respect of the special qualifying premises.<\/p>\n<p>(6)Any claim made, or information required to be provided, to the Revenue Commissioners under this section, shall be made or provided by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for any such purpose.<\/p>\n<p>(7)Notwithstanding section 274(1), no balancing allowance or balancing charge shall be made in relation to a special qualifying premises by reason of any event referred to in that section which occurs more than 7 years after the special qualifying premises was first used subsequent to the incurring of the eligible expenditure on the conversion or refurbishment of the special qualifying premises.<\/p>\n<p>(8)This section shall not apply where eligible expenditure incurred does not exceed \u20ac5,000.<\/p>\n<p>(9)For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (3), whether and to what extent eligible expenditure incurred on the conversion or refurbishment of a special qualifying premises is incurred or not incurred in the relevant qualifying period, only such an amount of that eligible expenditure as is properly attributable to work on the conversion or refurbishment of the premises actually carried out during the relevant qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.<\/p>\n<p>(10)Notwithstanding any other provision of this section, this section shall not apply in respect of eligible expenditure incurred on a special qualifying premises where &#8211;<\/p>\n<p>(a)a property developer, or a person who is connected (within the meaning of section 10) with the property developer is entitled to the relevant interest, within the meaning of section 269, in relation to that expenditure, and<\/p>\n<p>(b)either of the persons referred to in paragraph (a) incurred the eligible expenditure on that special qualifying premises, or such expenditure was incurred by any other person connected (within the meaning of section 10) with the property developer.<\/p>\n<p>(11)Where any part of eligible expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State, then that eligible expenditure shall be reduced by an amount equal to 3 times the sum received or receivable.<\/p>\n<p>(12)Expenditure in respect of which a person is entitled to relief under this section shall not include any expenditure in respect of which that person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts.<\/p>\n<p>(13)A person shall not be entitled to allowances under this section while that person is regarded as an undertaking in difficulty for the purposes of the Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty.<\/p>\n<p>Part 11A<\/p>\n<h4>Income Tax and Corporation Tax: Deduction for Expenditure on Construction, Conversion and Refurbishment of Certain Residential Accommodation for Certain Students (ss. 380A-380F)<\/h4>\n<p>380A. Interpretation (Part 11A).<br \/>\nRepealed from 1 January 2002<br \/>\nIn this Part &#8211;<\/p>\n<p>&#8220;lease&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;lessee&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;lessor&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;premium&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;rent&#8221; have the same meanings respectively as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221; 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;<\/p>\n<p>&#8220;qualifying area&#8221; means an area or areas specified as a qualifying area in the relevant guidelines;<\/p>\n<p>&#8220;qualifying period&#8221; means, the period commencing on the 1st day of April, 1999, and ending on the 31st day of March, 2003;<\/p>\n<p>&#8220;the relevant guidelines&#8221; means guidelines issued for the purposes of this Part by the Minister for Education and Science in consultation with the Minister for the Environment and Local Government and with the consent of the Minister for Finance and, without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following &#8211;<br \/>\n(i)the design and the construction of, conversion into, or refurbishment of, houses,<br \/>\n(ii)the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister for the Environment and Local Government,<br \/>\n(iii)the provision of ancillary facilities and amenities in relation to houses,<br \/>\n(iv)the granting of certificates of reasonable cost,<br \/>\n(v)the designation of qualifying areas,<br \/>\n(vi)the terms and conditions relating to qualifying leases, and<br \/>\n(vii)the educational institutions and the students attending those institutions for whom the accommodation is provided.<\/p>\n<p>380B. Rented residential accommodation: deduction for certain expenditure on construction.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 380E(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the relevant cost of the house;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4)(a), (5) and (6) of section 380E, a house &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area,<\/p>\n<p>(b)which is used solely as a dwelling,<\/p>\n<p>(c)the total floor area of which complies with the requirements of the relevant guidelines,<\/p>\n<p>(d)in respect of which, if it is not a new house (for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979) provided for sale, there is in force a certificate of reasonable cost, the amount specified in which in respect of the cost of construction of the house is not less than the expenditure actually incurred on such construction, and<\/p>\n<p>(e)which without having been used is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;relevant cost&#8217;, in relation to a house, means, subject to subsection (4), an amount equal to the aggregate of &#8211;<\/p>\n<p>(a)the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is constructed, and<\/p>\n<p>(b)the expenditure actually incurred on the construction of the house;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred expenditure on the construction of a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 380E(8) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the expenditure to be treated as having been incurred in the qualifying period on the construction of the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the expenditure actually incurred on the construction of the qualifying premises which is to be treated under section 380E(8) as having been incurred in the qualifying period bears to the whole of the expenditure incurred on that construction.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary &#8211;<\/p>\n<p>(a)of the expenditure incurred on the construction of that building or those buildings, and<\/p>\n<p>(b)of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,<\/p>\n<p>for the purposes of determining the expenditure incurred on the construction of the qualifying premises and the relevant cost in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of expenditure incurred on the construction of the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)<\/p>\n<p>(a)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of expenditure on the construction of the house equal to the amount which under section 380E(8) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period on the construction of the house, but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.<\/p>\n<p>(b)For the purposes of this subsection and subsection (7), the relevant price paid by a person on the purchase of a house shall be the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the expenditure actually incurred on the construction of the house which is to be treated under section 380E(8) as having been incurred in the qualifying period bears to the relevant cost in relation to that house.<\/p>\n<p>(7)<\/p>\n<p>(a)Subject to paragraph (b), where expenditure is incurred on the construction of a house and before the house is used it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the lesser of &#8211;<\/p>\n<p>(i)the amount of such expenditure which is to be treated under section 380E(8) as having been incurred in the qualifying period, and<\/p>\n<p>(ii)the relevant price paid by such person on the purchase,<\/p>\n<p>but, where the house is sold more than once before it is used, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(b)Where expenditure is incurred on the construction of a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of the trade, of the construction of buildings with a view to their sale and the house, before it is used, is sold in the course of that trade or, as the case may be, that part of that trade &#8211;<\/p>\n<p>(i)the person (in this paragraph referred to as &#8216;the purchaser&#8217;) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period expenditure on the construction of the house equal to the relevant price paid by the purchaser on the purchase (in this paragraph referred to as &#8216;the first purchas&#8217;), and<\/p>\n<p>(ii)in relation to any subsequent sale or sales of the house before the house is used, paragraph (a) shall apply as if the reference to the amount of expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.<\/p>\n<p>(8)Section 380E shall apply for the purposes of supplementing this section.<\/p>\n<p>380C. Rented residential accommodation: deduction for certain expenditure on conversion.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;conversion expenditure&#8217; means, subject to subsection (2), expenditure incurred on &#8211;<\/p>\n<p>(a)the conversion into a house of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying area, and<\/p>\n<p>(ii)which has not been previously in use as a dwelling,<\/p>\n<p>and<\/p>\n<p>(b)the conversion into 2 or more houses of a building &#8211;<\/p>\n<p>(i)the site of which is wholly within a qualifying area, and<\/p>\n<p>(ii)which before the conversion had not been in use as a dwelling or had been in use as a single dwelling,<\/p>\n<p>and references in this section and in section 380E to &#8216;conversion&#8217;, &#8216;conversion into a house&#8217; and &#8216;expenditure incurred on conversion&#8217; shall be construed accordingly;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 380E(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which does not exceed 10 per cent of the market value of the house at the time the conversion is completed and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed shall for the purposes of this paragraph be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4)(b), (5) and (6) of section 380E, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which complies with the requirements of the relevant guidelines,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of conversion in relation to the house is not less than the expenditure actually incurred on such conversion, and<\/p>\n<p>(d)which without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(2)For the purposes of this section, expenditure incurred on the conversion of a building shall be deemed to include expenditure incurred in the course of the conversion on either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>in relation to the building or any outoffice appurtenant to or usually enjoyed with the building, but shall not be deemed to include &#8211;<\/p>\n<p>(i)any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or<\/p>\n<p>(ii)any expenditure attributable to any part (in this section referred to as a &#8216;non-residential unit&#8217;) of the building which on completion of the conversion is not a house.<\/p>\n<p>(3)For the purposes of subsection (2)(ii), where expenditure is attributable to a building in general and not directly to any particular house or non-residential unit comprised in the building on completion of the conversion, such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.<\/p>\n<p>(4)Subject to subsection (5), where a person, having made a claim in that behalf, proves to have incurred conversion expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 380E(8) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(5)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the conversion expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (4) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the conversion expenditure actually incurred in relation to the qualifying premises (which is to be treated under section 380E(8) as having been incurred in the qualifying period) bears to the whole of the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(6)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the expenditure incurred on the conversion of that building or those buildings for the purposes of determining the conversion expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(7)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (4) in respect of conversion expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(8)Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of conversion expenditure in relation to the house equal to the amount of the conversion expenditure which under section 380E(8) or under this section (apart from subsection (5)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house, but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 380E(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house.<\/p>\n<p>(9)Where conversion expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period conversion expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 380E(8) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the conversion expenditure incurred in relation to the house is to be treated under section 380E(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the conversion expenditure incurred in relation to the house,<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the conversion expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(10)This section shall not apply in the case of a conversion unless planning permission in respect of the conversion has been granted under the Local Government (Planning and Development) Acts, 1963 to 1998.<\/p>\n<p>(11)Section 380E shall apply for the purposes of supplementing this section.<\/p>\n<p>380D. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 380E(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsections (3), (4)(b), (5) and (6) of section 380E, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)the total floor area of which complies with the requirements of the relevant guidelines,<\/p>\n<p>(c)in respect of which there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of refurbishment in relation to the house is not less than the relevant expenditure actually incurred on such refurbishment, and<\/p>\n<p>(d)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease;<\/p>\n<p>&#8216;refurbishment&#8217;, in relation to a building, means either or both of the following &#8211;<\/p>\n<p>(a)the carrying out of any works of construction, reconstruction, repair or renewal, and<\/p>\n<p>(b)the provision or improvement of water, sewerage or heating facilities,<\/p>\n<p>where the carrying out of such works or the provision of such facilities is certified by the Minister for the Environment and Local Government, in any certificate of reasonable cost granted by that Minister in relation to any house contained in the building, to have been necessary for the purposes of ensuring the suitability as a dwelling of any house in the building and whether or not the number of houses in the building, or the shape or size of any such house, is altered in the course of such refurbishment;<\/p>\n<p>&#8216;relevant expenditure&#8217; means expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8216;non-residential unit\u2019) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8216;specified building&#8217; means a building &#8211;<\/p>\n<p>(a)the site of which is wholly within a qualifying area,<\/p>\n<p>(b)in which before the refurbishment to which the relevant expenditure relates there are 2 or more houses, and<\/p>\n<p>(c)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) 2 or more houses.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 380E(8) or under this section as having been incurred by such person in the qualifying period, and<\/p>\n<p>(b)Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises (which is to be treated under section 380E(8) as having been incurred in the qualifying period) bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises.<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 380E(8) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house, but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 380E(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 380E(8) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 380E(8) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house,<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1998.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 380E shall apply for the purposes of supplementing this section.<\/p>\n<p>380E. Provisions supplementary to sections 380B to 380D.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In sections 380B to 380D &#8211;<\/p>\n<p>&#8216;certificate of reasonable cost&#8217; means a certificate granted, having regard to the relevant guidelines, by the Minister for the Environment and Local Government for the purposes of section 380B, 380C or 380D, as the case may be, stating that the amount specified in the certificate in relation to the cost of construction of, conversion into, or refurbishment of, the house to which the certificate relates appears to that Minister at the time of the granting of the certificate and on the basis of the information available to that Minister at that time to be reasonable, and section 18 of the Housing (Miscellaneous Provisions) Act, 1979, shall, with any necessary modifications, apply to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section;<\/p>\n<p>&#8216;house&#8217; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8216;total floor area&#8217; means the total floor area of a house measured in the manner referred to in section 4(2)(b) of the Housing (Miscellaneous Provisions) Act, 1979.<\/p>\n<p>(2)A lease shall not be a qualifying lease for the purposes of section 380B, 380C or 380D if &#8211;<\/p>\n<p>(a)the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length, and<\/p>\n<p>(b)it does not comply with the requirements of the relevant guidelines.<\/p>\n<p>(3)A house shall not be a qualifying premises for the purposes of section 380B, 380C or 380D if &#8211;<\/p>\n<p>(a)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the house, to a deduction under section 380B(2), 380C(4) or 380D(2), as the case may be, and<\/p>\n<p>(b)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length.<\/p>\n<p>(4)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 380B unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards of construction of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 380C or 380D unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(5)A house shall not be a qualifying premises for the purposes of section 380B, 380C or 380D unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of those sections are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(6)A house shall not be a qualifying premises for the purposes of section 380B, 380C or 380D unless throughout the relevant period (within the meaning of section 380B, 380C or 380D, as the case may be) it is used for letting to and occupation by students in accordance with the relevant guidelines.<\/p>\n<p>(7)For the purposes of sections 380B to 380D, references in those sections to the construction of, conversion into, or refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular &#8211;<\/p>\n<p>(a)demolition or dismantling of any building on the land,<\/p>\n<p>(b)site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,<\/p>\n<p>(c)walls, power supply, drainage, sanitation and water supply, and<\/p>\n<p>(d)the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.<\/p>\n<p>(8)<\/p>\n<p>(a)For the purposes of determining, in relation to any claim under section 380B(2), 380C(4) or 380D(2), as the case may be, whether and to what extent expenditure incurred on the construction of, conversion into or refurbishment of, a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the construction of, conversion into or refurbishment of, the premises actually carried out during the qualifying period shall be treated as having been incurred during that period.<\/p>\n<p>(b)Where by virtue of subsection (7) expenditure on the construction of, conversion into or refurbishment of, a qualifying premises includes expenditure on the development of any land, paragraph (a) shall apply with any necessary modifications as if the references in that paragraph to the construction of, conversion into or refurbishment of, the qualifying premises were references to the development of such land.<\/p>\n<p>(9)<\/p>\n<p>(a)For the purposes of sections 380B and 380C other than the purposes mentioned in subsection (8)(a), expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.<\/p>\n<p>(b)For the purposes of section 380D other than the purposes mentioned in subsection (8)(a), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(10)For the purposes of sections 380B to 380D, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(11)Section 555 shall apply as if a deduction under section 380B(2), 380C(4) or 380D(2), as the case may be, were a capital allowance and as if any rent deemed to have been received by a person under section 380B(5), 380C(7) or 380D(5), as the case may be, were a balancing charge.<\/p>\n<p>(12)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 380B, 380C or 380D (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<p>380F. Provision against double relief.<br \/>\nRepealed from 1 January 2002<br \/>\nWhere relief is given by virtue of any provision of this Part in relation to expenditure incurred on any premises, relief shall not be given in respect of that expenditure under any other provision of the Tax Acts.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h4>Part 11B Income Tax and Corporation Tax: Deduction for Expenditure on Refurbishment of Certain Residential Accommodation (ss. 380G-380J)<\/h4>\n<p>380G. Interpretation (Part 11B).<br \/>\nRepealed from 1 January 2002<br \/>\nIn this Part &#8211;<\/p>\n<p>&#8220;house&#8221; includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;<\/p>\n<p>&#8220;lease&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;lessee&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;lessor&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;premium&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;rent&#8221; have the same meanings, respectively, as in Chapter 8 of Part 4;<\/p>\n<p>&#8220;market value&#8221; in relation to a house, means the price which the unencumbered fee simple of the 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 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 house is constructed;<\/p>\n<p>&#8220;qualifying period&#8221; means the period commencing on 6 April 2001;<\/p>\n<p>&#8220;refurbishment&#8221; in relation to a house, 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 house or for the purposes of compliance with the requirements of the Housing (Standards for Rented Houses) Regulations, 1993 (S.I. No. 147 of 1993).<\/p>\n<p>380H. Rented residential accommodation: deduction for certain expenditure on refurbishment.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)In this section and section 380I &#8211;<\/p>\n<p>&#8216;non-residential unit&#8217; has the same meaning that it has in the definition of &#8216;relevant expenditure&#8217;;<\/p>\n<p>&#8216;qualifying lease&#8217;, in relation to a house, means, subject to section 380I(2), a lease of the house the consideration for the grant of which consists &#8211;<\/p>\n<p>(a)solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or<\/p>\n<p>(b)of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium &#8211;<\/p>\n<p>(i)which is payable on or subsequent to the date of the completion of the refurbishment to which the relevant expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and<\/p>\n<p>(ii)which does not exceed 10 per cent of the market value of the house on the date of completion of the refurbishment to which the relevant expenditure relates and, in the case of a house which is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house on that date shall for the purposes of this subparagraph be taken to be an amount which bears to the market value of the building on that date the same proportion as the total floor area of the house bears to the total floor area of the building;<\/p>\n<p>&#8216;qualifying premises&#8217; means, subject to subsection (3), to paragraph (a) and (b) of subsection (4) and to subsection (5) of section 380I, a house &#8211;<\/p>\n<p>(a)which is used solely as a dwelling,<\/p>\n<p>(b)which on the date of completion of the refurbishment to which the relevant expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease,<\/p>\n<p>but excluding any house on which expenditure has been incurred, where that expenditure has qualified or would on due claim being made qualify for relief under any provision of Parts 10 or 11A;<\/p>\n<p>&#8216;relevant expenditure&#8217; means, subject to section 380I(7), expenditure incurred on the refurbishment of a specified building, other than expenditure attributable to any part (in this section referred to as a &#8216;non-residential unit&#8217;) of the building which on completion of the refurbishment is not a house, and for the purposes of this definition where expenditure is attributable to the specified building in general (and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment), such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building;<\/p>\n<p>&#8216;relevant period&#8217;, in relation to a qualifying premises, means the period of 10 years beginning on the date of the completion of the refurbishment to which the relevant expenditure relates or, if the premises was not let under a qualifying lease on that date, the period of 10 years beginning on the date of the first such letting after the date of such completion;<\/p>\n<p>&#8216;specified building&#8217; means a building or part of a building &#8211;<\/p>\n<p>(a)in which before the refurbishment to which the relevant expenditure relates there is one or more than one house, and<\/p>\n<p>(b)which on completion of that refurbishment contains (whether in addition to any non-residential unit or not) one or more than one house.<\/p>\n<p>(2)Subject to subsection (3), where a person, having made a claim in that behalf, proves to have incurred relevant expenditure in relation to a house which is a qualifying premises &#8211;<\/p>\n<p>(a)such person shall, subject to paragraph (b), be entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises, to a deduction of so much (if any) of the expenditure as is to be treated under section 380I(6) or under this section as having been incurred by such person in the qualifying period,<\/p>\n<p>(b)the deduction to which paragraph (a) refers shall be given for the chargeable period in which the expenditure is incurred or, if the premises was not let under a qualifying lease during that chargeable period, the chargeable period beginning on the date of the first such letting after the expenditure is incurred, and for any of the subsequent chargeable periods in which the qualifying premises in respect of which the person incurred the relevant expenditure continues to be a qualifying premises and the deduction shall be of an amount equal to 15 per cent of the expenditure to which paragraph (a) refers; but, the total amount to be deducted shall not exceed 100 per cent of that expenditure,<\/p>\n<p>(c)where a chargeable period consists of a period less than one year in length, the amount of the deduction to which paragraph (b) refers shall not exceed such portion of the amount specified in that paragraph as bears to that amount the same proportion as the length of the chargeable period bears to a period of one year, and<\/p>\n<p>(d)Chapter 8 of Part 4 shall apply as if the deduction referred to in paragraph (a) were a deduction authorised by section 97(2).<\/p>\n<p>(3)<\/p>\n<p>(a)This subsection shall apply to any premium or other sum which &#8211;<\/p>\n<p>(i)is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and<\/p>\n<p>(ii)is payable on or subsequent to the date of completion of the refurbishment to which the relevant expenditure relates or, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.<\/p>\n<p>(b)Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the relevant expenditure to be treated as having been incurred in the qualifying period in relation to the qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of &#8211;<\/p>\n<p>(i)the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and<\/p>\n<p>(ii)the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the relevant expenditure actually incurred in relation to the qualifying premises, which is to be treated under section 380I(6) as having been incurred in the qualifying period bears to the whole of the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(4)Where a qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary of the relevant expenditure incurred on that building or those buildings for the purposes of determining the relevant expenditure incurred in relation to the qualifying premises.<\/p>\n<p>(5)Where a house is a qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs &#8211;<\/p>\n<p>(a)the house ceases to be a qualifying premises, or<\/p>\n<p>(b)the ownership of the lessor&#8217;s interest in the house passes to any other person but the house does not cease to be a qualifying premises,<\/p>\n<p>then, the person who before the occurrence of the event received or was entitled to receive a deduction under subsection (2) in respect of relevant expenditure incurred in relation to the qualifying premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from the qualifying premises equal to the amount of the deduction.<\/p>\n<p>(6)Where the event mentioned in subsection (5)(b) occurs in the relevant period in relation to a house which is a qualifying premises, the person to whom the ownership of the lessor&#8217;s interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of relevant expenditure in relation to the house equal to the amount of the relevant expenditure which under section 380I(6) or under this section (apart from subsection (3)(b)) the lessor was treated as having incurred in the qualifying period in relation to the house; but, in the case of a person who purchases such a house, the amount so treated as having been incurred by such person shall not exceed &#8211;<\/p>\n<p>(a)the net price paid by such person on the purchase, or<\/p>\n<p>(b)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 380I(6) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house.<\/p>\n<p>(7)Where relevant expenditure is incurred in relation to a house and before the house is used subsequent to the incurring of that expenditure it is sold, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period relevant expenditure in relation to the house equal to the lesser of &#8211;<\/p>\n<p>(a)the amount of such expenditure which is to be treated under section 380I(6) as having been incurred in the qualifying period, and<\/p>\n<p>(b)<\/p>\n<p>(i)the net price paid by such person on the purchase, or<\/p>\n<p>(ii)in case only a part of the relevant expenditure incurred in relation to the house is to be treated under section 380I(6) as having been incurred in the qualifying period, the amount which bears to that net price the same proportion as that part bears to the whole of the relevant expenditure incurred in relation to the house;<\/p>\n<p>but, where the house is sold more than once before it is used subsequent to the incurring of the relevant expenditure in relation to the house, this subsection shall apply only in relation to the last of those sales.<\/p>\n<p>(8)This section shall not apply in the case of any refurbishment unless planning permission, in so far as it is required, in respect of 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.<\/p>\n<p>(9)Expenditure in respect of which a person 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.<\/p>\n<p>(10)Section 380I shall apply for the purposes of supplementing this section.<\/p>\n<p>380I. Provisions supplementary to section 380H.<br \/>\nRepealed from 1 January 2002<br \/>\n(1)A lease shall not be a qualifying lease for the purposes of section 380H if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm&#8217;s length.<\/p>\n<p>(2)A house shall not be a qualifying premises for the purposes of section 380H if &#8211;<\/p>\n<p>(a)<\/p>\n<p>(i)it is occupied as a dwelling by any person connected with the person entitled, in relation to the expenditure incurred on the refurbishment of the house, to a deduction under section 380H(2), and<\/p>\n<p>(ii)the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm&#8217;s length,<\/p>\n<p>or<\/p>\n<p>(b)the lessor has not complied with all the requirements of the following Regulations &#8211;<\/p>\n<p>(i)the Housing (Standards for Rented Houses) Regulations, 1993 (S.I. No. 147 of 1993),<\/p>\n<p>(ii)the Housing (Rent Books) Regulations, 1993 (S.I. No. 146 of 1993), and<\/p>\n<p>(iii)the Housing (Registration of Rented Houses) Regulations, 1996 (S.I. No. 30 of 1996), as amended by the Housing (Registration of Rented Houses) (Amendment) Regulations, 2000 (S.I. No. 12 of 2000).<\/p>\n<p>(3)<\/p>\n<p>(a)A house shall not be a qualifying premises for the purposes of section 380H unless it complies with such conditions, if any, as may be determined by the Minister for the Environment and Local Government from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979, in relation to standards for improvements of houses and the provision of water, sewerage and other services in houses.<\/p>\n<p>(b)A house shall not be a qualifying premises for the purposes of section 380H unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister for the Environment and Local Government, with the consent of the Minister for Finance, in relation to the refurbishment of houses as qualifying premises for the purposes of section 380H and, without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to the refurbishment of houses, and the provision of ancillary facilities and amenities in relation to houses.<\/p>\n<p>(4)A house shall not be a qualifying premises for the purposes of section 380H unless persons authorised in writing by the Minister for the Environment and Local Government for the purposes of that section are permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of their authorisations.<\/p>\n<p>(5)For the purposes of determining, in relation to any claim under section 380H(2), whether and to what extent expenditure incurred on the refurbishment of a qualifying premises is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on the refurbishment of the premises actually carried out during the qualifying period shall be treated as having been incurred.<\/p>\n<p>(6)For the purposes of section 380H, other than the purposes mentioned in subsection (5), relevant expenditure incurred in relation to the refurbishment of a qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the relevant expenditure relates.<\/p>\n<p>(7)For the purposes of section 380H, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.<\/p>\n<p>(8)Section 555 shall apply as if a deduction under section 380H(2) were a capital allowance and as if any rent deemed to have been received by a person under section 380H(5) were a balancing charge.<\/p>\n<p>(9)An appeal to the Appeal Commissioners shall lie on any question arising under this section or under section 380H (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.<\/p>\n<p>380J. Provision against double relief.<br \/>\nRepealed from 1 January 2002<br \/>\nWhere relief is given by virtue of any provision of this Part in relation to expenditure incurred on any premises, relief shall not be given in respect of that expenditure under an<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11157\" data-postid=\"11157\" class=\"themify_builder_content themify_builder_content-11157 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Hotel and Holiday Cottages Capital allowances are granted for expenditure on hotels over 25 years at an annual 4% rate. Formerly, hotels qualified for accelerated capital allowances over seven years. This is now available, only provided that a certificate is given by the tourism authority (Tourism Ireland) in relation to the expenditure, certifying that it [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[351,334],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11157"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11157"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11157\/revisions"}],"predecessor-version":[{"id":34727,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11157\/revisions\/34727"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11157"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11157"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11157"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}