IE
S.I. No. 287/2004 - Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Rathluirc (Charleville), County Cork) Order 2004
Statutory Text (5 Articles)
1. This Order may be cited as the Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Rathluirc (Charleville), County Cork) Order 2004.
2. (1) In this Order-
“Act” means the
Taxes Consolidation Act 1997
(No. 39 of 1997);
“classification” shall be construed in accordance with Schedule 3.
(2) A classification set out in column (1) of Schedule 3 shall be construed by reference to the matter in column (3) of that Schedule opposite the mention of the classification concerned.
(3) In this Order-
(a) a reference to a Schedule is to a Schedule to this Order, unless it is indicated that reference to some other Order or enactment is intended, and
(b) a reference to a paragraph is a reference to a paragraph of the provision in which the reference occurs, unless indicated that reference to some other provision is intended.
3. (1) Subject to paragraphs (2) and (3), the sites specified in Schedule 1, being sites marked on the map of the town of Rathluirc (Charleville), County Cork, annexed to this Order (each of which is shaded blue and delineated with a red line on that map and is within the boundary of the Rathluirc (Charleville) Town Renewal Plan Area) are designated as qualifying areas pursuant to section 372AB of the Act.
(2) Subject to paragraph (3) the designation of the sites designated by paragraph (1) shall apply only for the purposes of the sections of the Act specified in column (3) of Schedule 2 opposite the mention of the sites concerned.
(3) The designation of the sites referred to in paragraphs (1) and (2) shall apply only in respect of the classification of—
(a) the purposes,
(b) the categories of building or structure, or
(c) the type of expenditure
specified in column (4) of Schedule 2 opposite the mention of the section concerned of the Act at that reference number.
4. (1) The qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects sections 372AC and 372AD, be construed as a reference to the period commencing on 6 April 2001 and ending on 31 December 2004, or where section 372AA(1A) applies, ending on 31 July 2006.
(2) The qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AR, be construed as a reference to the period commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.
(3) Subject to paragraphs (4) and (5), the qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AP, be construed as a reference to the period commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.
(4) Subject to paragraph (5), the qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AP, and classifications of expenditure 6A and 6B, (which relate to that section) be construed as a reference to the period —
(a) commencing on 5 December 2001 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006,
or
(b) where subsection (9) or (10) of section 372AP applies, commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.
(5) Paragraph (4)(b) shall not apply unless-
(a) a contract for the purchase of the house had not been evidenced in writing by any person prior to 5 December 2001, and
(b) a contract for the purchase of the house was evidenced in writing on or before 1 September 2002.
SCHEDULE 1
(Sites designated as qualifying areas for purposes specified in Schedule 2)
Sites 1, 3, 4de, 6, 8abc, 8defg, 10g, 10h, 13d, 16e, 16f, 17fg, 17m, 17t, 17v, 20b, 20e, 21, 22, 23, 25, 26, 27, 28a, 28b, 28c, 29a, 29b, 30b, 30c, 30d, 30e, 31, 32, 33, 34, 35, 36a, 36b, 36c, 36d, 36e, 36fg, 36h, 36i, 36j, 36k, 36l, 36m, 36n, 38, 40 and 45.
SCHEDULE 2
Reference Number
(1)
Site Reference
(2)
Provision of Act for which Site designated
(3)
Classification
(4)
1
1
Section 372AR
4B
Section 372AP
6B
2
3
Section 372AD
1B, 2B
Section 372AP
5B
3
4de
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
4
6
Section 372AD
1B, 2B
5
8abc
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
6
8defg
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
7
10g
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
8
10h
Section 372AD
1B, 2B
9
13d
Section 372AD
1B, 2B
10
16e
Section 372AD
1A, 2A
11
16f
Section 372AD
1B, 2B
12
17fg
Section 372AD
2B
Section 372AR
4B
Section 372AP
5B
13
17m
Section 372AD
2B
Section 372AR
4B
Section 372AP
5B
14
17t
Section 372AD
1A, 2A
Section 372AR
4A
Section 372AP
6A
15
17v
Section 372AR
4B
Section 372AP
6B
16
20b
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
17
20e
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
18
21
Section 372AR
4A
Section 372AP
6A
19
22
Section 372AD
1A, 2A
Section 372AR
4A
Section 372AP
6A
20
23
Section 372AD
1A, 2A
Section 372AR
4A
Section 372AP
6A
21
25
Section 372AR
4A
Section 372AP
6A
22
26
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
23
27
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
24
28a
Section 372AD
1A, 2A
Section 372AR
4A
Section 372AP
6A
25
28b
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
26
28c
Section 372AR
4A
Section 372AP
6A
27
29a
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
28
29b
Section 372AR
4B
Section 372AP
6B
29
30b
Section 372AR
4B
Section 372AP
6B
30
30c
Section 372AD
2B
31
30d
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
32
30e
Section 372AD
1B, 2B
33
31
Section 372AD
1A, 2A
Section 372AC
3A
Section 372AR
4A
Section 372AP
6A
34
32
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
35
33
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
36
34
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
37
35
Section 372AR
4B
Section 372AP
6B
38
36a
Section 372AR
4B
Section 372AP
6B
39
36b
Section 372AD
2B
Section 372AP
5B
40
36c
Section 372AR
4B
Section 372AP
5B
41
36d
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
42
36e
Section 372AD
2B
Section 372AR
4B
Section 372AP
5B
43
36fg
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
44
36h
Section 372AD
1B
Section 372AP
5B
45
36i
Section 372AR
4B
Section 372AP
6B
46
36j
Section 372AR
4B
Section 372AP
6B
47
36k
Section 372AR
4B
Section 372AP
6B
48
36l
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
49
36m
Section 372AR
4B
Section 372AP
5B
50
36n
Section 372AR
4B
Section 372AP
5B
51
38
Section 372AR
4B
Section 372AP
6B
52
40
Section 372AR
4B
Section 372AP
5B
53
45
Section 372AR
4A
Section 372AP
6A
SCHEDULE 3
(Explanation of Classifications in column (4) of Schedule 2)
Classification
(1)
Section of Act
(2)
Purpose, category or type of expenditure to which classification relates
(3)
1A
Section 372AD
The construction of buildings or structures in use as offices.
1B
Section 372AD
The refurbishment of buildings or structures in use as offices.
2A
Section 372AD
The construction of buildings or structures other than offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their construction relates to the construction of offices.
2B
Section 372AD
The refurbishment of buildings or structures other than offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their refurbishment relates to the refurbishment of offices.
3A
Section 372AC
The construction of a building or structure to which section 372AC applies.
4A
Section 372AR
The construction of a qualifying premises within the meaning of Chapter 11 of Part 10 of the Act.
4B
Section 372AR
The conversion into, or the refurbishment of, a qualifying premises within the meaning of Chapter 11 of Part 10 of the Act.
5B
Section 372AP
Conversion expenditure or refurbishment expenditure incurred in relation to a house.
6A
Section 372AP
Expenditure incurred on the construction of a house, but only in so far as it relates to expenditure incurred on the construction of a house —
(a) on or after 5 December 2001, or
(b) where subsection (9) or (10) of section 372AP applies, prior to that date, but only if —
(i) a contract for the purchase of the house had not been evidenced in writing by any person prior to that date, but
(ii) a contract for the purchase of the house is evidenced in writing on or before 1 September 2002.
6B
Section 372AP
Conversion expenditure or refurbishment expenditure incurred on a house, but only in so far as it relates to such expenditure incurred—
(a) on or after 5 December 2001, or
(b) where subsection (9) or (10) of section 372AP applies, prior to that date, but only if—
(i) a contract for the purchase of the house had not been evidenced in writing by any person prior to that date, but
(ii) a contract for the purchase of the house is evidenced in writing on or before 1 September 2002.
GIVEN under my Official Seal,
9th of June 2004.
Charlie McCreevy
Minister for Finance.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
This Order provides for the designation, under section 372AB of the
Taxes Consolidation Act, 1997
, of certain areas in Rathluirc (Charleville), County Cork, as qualifying areas for the purposes of certain tax reliefs under the Town Renewal Scheme.
The areas in question are areas which have been recommended for selection by the Minister for the Environment, Heritage and Local Government under section 6 and section 6A (as inserted by
section 25
(2)
Finance Act, 2002
) of the
Town Renewal Act, 2000
. All the areas involved were the subject of a Town Renewal Plan prepared in accordance with section 3 of that Act. The tax reliefs which apply in relation to each such area are outlined in the Schedules to the Order.
Notwithstanding this Order, by virtue of section 372AB(4) of the
Taxes Consolidation Act, 1997
and
section 7
of the
Town Renewal Act, 2000
, no relief from income tax or corporation tax may be granted under the Town Renewal Scheme in respect of the construction, conversion or refurbishment of a building, structure or house unless the relevant county council has certified that the construction, conversion or refurbishment is consistent with the objectives of the Town Renewal Plan for the area.
I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 372AB (as amended by
section 26
of the
Finance Act 2004
(No. 8 of 2004)), of the
Taxes Consolidation Act 1997
(No. 39 of 1997), the Minister for the Environment, Heritage and Local Government having made a recommendation to me pursuant to that section, (that Minister having considered a Town Renewal Plan submitted to him by Cork County Council), hereby order as follows