IE
S.I. No. 294/2004 - Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Ballyshannon, County Donegal) Order 2004
Table of Provisions (6)
Statutory Text (6 Articles)
1. This Order may be cited as the Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Ballyshannon, County Donegal) 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 5.
(2) A classification set out in column (1) of Schedule 5 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 Ballyshannon, County Donegal, 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 Ballyshannon 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 3 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 3 opposite the mention of the section concerned of the Act at that reference number.
4. (1) Subject to paragraphs (2) and (3), each of the areas specified in Schedule 2 being areas marked on the map of the town of Ballyshannon, County Donegal, annexed to this Order (each of which is shaded green and delineated with a red line on that map and is within the boundary of the Ballyshannon Town Renewal Plan Area) are, as respects the buildings and structures within such areas, designated as qualifying areas pursuant to section 372AB of the Act.
(2) Subject to paragraph (3) the designation of the areas designated by paragraph (1) shall apply only for the purposes of the sections of the Act specified in column (3) of Schedule 4 opposite the mention of the areas concerned.
(3) The designation of the areas 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 4 opposite the mention of the section concerned of the Act at that reference number.
5. (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 3)
Sites 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55 and 56.
SCHEDULE 2
(Areas designated as qualifying areas for the purposes specified in Schedule 4)
Areas 14, 23 and 28.
SCHEDULE 3
Reference Number
(1)
Site Reference
(2)
Provision of Act for Which Site designated
(3)
Classification
(4)
1
1
Section 372AD
2B
Section 372AP
5B
2
2
Section 372AR
4B
Section 372AP
6B
3
3
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
4
4
Section 372AR
4B
Section 372AP
6B
5
5
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
6
6
Section 372AR
4B
Section 372AP
6B
7
7
Section 372AR
4A, 4B
Section 372AP
6A, 6B
8
8
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
9
9
Section 372AD
2B
10
10
Section 372AD
2B
Section 372AR
4A, 4B
Section 372AP
6A, 6B
11
11
Section 372AR
4A
Section 372AP
6A
12
12
Section 372AR
4B
Section 372AP
6B
13
13
Section 372AD
2B
Section 372AR
4B, 4A
Section 372AP
6A, 6B
14
15
Section 372AR
4B
Section 372AP
6B
15
16
Section 372AD
2A
16
17
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
17
18
Section 372AR
4B
Section 372AP
6B
18
19
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
19
20
Section 372AD
2A, 2B
20
21
Section 372AD
2B
21
22
Section 372AD
2B
Section 372AP
5B
22
24
Section 372AD
2B
23
25
Section 372AD
2A
Section 372AR
4A
Section 372AP
6A
24
26
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
25
27
Section 372AP
5B
26
29
Section 372AD
1B
Section 372AR
4B
Section 372AP
6B
27
30
Section 372AR
4B
Section 372AP
6B
28
31
Section 372AD
2B
29
32
Section 372AR
4B
Section 372AP
6B
30
33
Section 372AR
4B
Section 372AP
6B
31
34
Section 372AR
4A
Section 372AP
6A
32
35
Section 372AR
4B
Section 372AP
5B
33
36
Section 372AR
4B
Section 372AP
6B
34
37
Section 372AD
1A
Section 372AR
4B
Section 372AP
6B
35
38
Section 372AR
4B
Section 372AP
6B
36
40
Section 372AD
2A, 2B
Section 372AR
4B
Section 372AP
6B
37
41
Section 372AD
2B
Section 372AR
4A
Section 372AP
5B, 6A
38
42
Section 372AD
2A, 2B
Section 372AR
4A
Section 372AP
6A
39
43
Section 372AD
2B
40
44
Section 372AD
2B
41
45
Section 372AD
1B, 2B
42
46
Section 372AD
2B
43
47
Section 372AD
2A
44
48
Section 372AD
1B, 2B
45
50
Section 372AD
2B
Section 372AP
5B
46
51
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
47
52
Section 372AR
4B
Section 372AP
6B
48
53
Section 372AD
2A, 2B
Section 372AR
4B
Section 372AP
6B
49
54
Section 372AR
4A, 4B
Section 372AP
6A, 6B
50
55
Section 372AD
2B
51
56
Section 372AD
2B
Section 372AR
4B
Section 372AP
6B
SCHEDULE 4
Reference Number
(1)
Area Reference
(2)
Provision of Act for Which Area designated
(3)
Classification
(4)
1
Area 14
Section 372AD
2C
2
Area 23
Section 372AD
2C
3
Area 28
Section 372AD
1C, 2C
SCHEDULE 5
(Explanation of Classifications in column (4) of Schedules 3 and 4)
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.
1C
Section 372AD
The refurbishment of the facade of a building or structure 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.
2C
Section 372AD
The refurbishment of the façade 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.
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 Ballyshannon, County Donegal, 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 Donegal County Council), hereby order as follows