Links from Section 274 | ||
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Act | Linked to | Context |
Dublin Docklands Development Authority Act, 1997 |
(c) (i) the construction or refurbishment of the building or structure is a development in respect of which an application for a certificate under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 is made to the Authority (within the meaning of that Act), |
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Dublin Docklands Development Authority Act, 1997 |
(c) (i) the construction or refurbishment of the building or structure is a development in respect of which an application for a certificate under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 is made to the Authority (within the meaning of that Act), |
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Finance Act 2003 |
(1A) Subsection (1)(b)(iii)(III) (as inserted by the Finance Act 2003) shall not apply as respects capital expenditure incurred on or before
|
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Finance Act 2006 |
(v) is in use for the purposes of a trade referred to in paragraph (l) (as inserted by the Finance Act 2006) of section 268(1),
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Finance Act, 1998 |
(B) in the case of any other person, the date of the passing of the Finance Act,
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Planning and Development act, 2000 |
(a) (i) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000) , in so far as planning permission is required, in respect of the building or structure is made in accordance with the Planning and Development Regulations 2001 to 2002, |
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Planning and Development act, 2000 |
(ba) 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— |
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Planning and Development act, 2000 |
(ba) 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— |
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Planning and Development act, 2000 |
(a) (i) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000) , in so far as planning permission is required, in respect of the building or structure is made in accordance with the Planning and Development Regulations 2001 to 2002, |
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S.I. No. 600 of 2001 |
(ba) 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— |
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Taxes Consolidation Act, 1997 |
(iv) subject to subsection (2), where consideration (other than rent or an amount treated or, as respects consideration received on or after the 26th day of March, 1997, partly treated as rent under section 98) is received by the person entitled to the relevant interest in respect of an interest which is subject to that relevant interest, |
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Taxes Consolidation Act, 1997 |
(i) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (a) or (b) of section 268(1)— |
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Taxes Consolidation Act, 1997 |
(ii) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of
|
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Taxes Consolidation Act, 1997 |
(iia) subject to subparagraph (iib), in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (g) or (i) of section 268(1)— |
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Taxes Consolidation Act, 1997 |
(iii) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of
section 268(1)(d), other than a building or structure to which
|
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Taxes Consolidation Act, 1997 |
(iv) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of
section 268(1)(d) by reason of its use as a holiday cottage, 10 years after the building or structure was first used,
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Taxes Consolidation Act, 1997 |
(iva) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of its use as a guest house or a holiday hostel to which section 268(2C) applies, 25 years after the building or structure was first used, in the case where the capital expenditure on the construction (within the meaning of section 270) of the building or structure is incurred on or after 3 February 2005, |
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Taxes Consolidation Act, 1997 |
(iva) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of its use as a guest house or a holiday hostel to which section 268(2C) applies, 25 years after the building or structure was first used, in the case where the capital expenditure on the construction (within the meaning of section 270) of the building or structure is incurred on or after 3 February 2005, |
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Taxes Consolidation Act, 1997 |
(ivb) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of being comprised in, and in use as part of, premises which are registered in the register of caravan sites and camping sites kept under the Tourist Traffic Acts 1939 to 2003— |
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Taxes Consolidation Act, 1997 |
(v) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(f), 25 years after— |
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Taxes Consolidation Act, 1997 |
(vi) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(h), 25 years after— |
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Taxes Consolidation Act, 1997 |
(via) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (j) of section 268(1)— |
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Taxes Consolidation Act, 1997 |
(vii) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of
|
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Taxes Consolidation Act, 1997 |
(viii) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (l) of section 268(1)— |
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Taxes Consolidation Act, 1997 |
(ix) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (m) of section 268(1)— |
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Taxes Consolidation Act, 1997 |
(x) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (n) of section 268(1)— |
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Taxes Consolidation Act, 1997 |
(i) is in use for the purposes of a trade referred to in paragraph (g) of section 268(1), |
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Taxes Consolidation Act, 1997 |
(ii) is in use as a qualifying residential unit (within the meaning of section 268(3A)) which, by virtue of section 268(3B), is deemed to be a building or structure referred to in subparagraph (i), |
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Taxes Consolidation Act, 1997 |
(ii) is in use as a qualifying residential unit (within the meaning of section 268(3A)) which, by virtue of section 268(3B), is deemed to be a building or structure referred to in subparagraph (i), |
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Taxes Consolidation Act, 1997 |
(iii) is in use for the purposes of a trade referred to in paragraph (i) of section 268(1), |
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Taxes Consolidation Act, 1997 |
(iv) is in use for the purposes of a trade referred to in paragraph (j) of section 268(1), |
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Taxes Consolidation Act, 1997 |
(v) is in use for the purposes of a trade referred to in paragraph (l) (as inserted by the Finance Act 2006) of section 268(1),
|
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Taxes Consolidation Act, 1997 |
(vii) is in use for the purposes of a trade referred to in paragraph (m) of section 268(1). |
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Taxes Consolidation Act, 1997 |
(6) Where a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of its use as a holiday cottage ceases to be comprised in premises registered in a register referred to in section 268 in such circumstances that apart from this subsection this section would not apply in relation to the building or structure, the relevant interest in the building or structure shall for the purposes of this Chapter (other than section 272(4)) be deemed on such cesser to have been sold while the building or structure was an industrial building or structure and the net proceeds of the sale shall be deemed for those purposes to be an amount equal to the capital expenditure incurred on the construction of the building or structure. |
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Taxes Consolidation Act, 1997 |
(6) Where a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of its use as a holiday cottage ceases to be comprised in premises registered in a register referred to in section 268 in such circumstances that apart from this subsection this section would not apply in relation to the building or structure, the relevant interest in the building or structure shall for the purposes of this Chapter (other than section 272(4)) be deemed on such cesser to have been sold while the building or structure was an industrial building or structure and the net proceeds of the sale shall be deemed for those purposes to be an amount equal to the capital expenditure incurred on the construction of the building or structure. |
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Taxes Consolidation Act, 1997 |
(7) Where a balancing charge is made under this section by virtue of subsection (6) and the relevant interest in the building or structure is not subsequently sold by the person on whom the charge is made while the building or structure is not an industrial building or structure, such person shall, if the building or structure again becomes comprised in a premises registered in a register referred to in section 268, be treated for the purposes of this Chapter as if, at the time of the cesser referred to in subsection (6), such person were the buyer of the relevant interest deemed under that subsection to have been sold. |
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Taxes Consolidation Act, 1997 |
(iib) where subsection (8) of section 270 applies in relation to a qualifying residential unit as is referred to in subsection (4)(i) of that section— |
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Taxes Consolidation Act, 1997 |
(III) subject to
|
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Taxes Consolidation Act, 1997 |
(iva) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of its use as a guest house or a holiday hostel to which section 268(2C) applies, 25 years after the building or structure was first used, in the case where the capital expenditure on the construction (within the meaning of section 270) of the building or structure is incurred on or after 3 February 2005, |
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Taxes Consolidation Act, 1997 |
in the case where the capital expenditure on the construction (within the meaning of section 270) of the building or structure is incurred on or after 1 January 2008, |
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Taxes Consolidation Act, 1997 |
(b) subject to paragraphs (a) and (b) of section 270(7)— |
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Taxes Consolidation Act, 1997 |
(II) in the case of a building or structure to which section 272(3B) applies, the vesting day,
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Taxes Consolidation Act, 1997 |
(II) as respects a building or structure to which section 272(3A) applies— |
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Taxes Consolidation Act, 1997 |
(c) Notwithstanding paragraph (b), where but for section 272(6) or 321(5) a writing-down allowance would have been made to a person for any chargeable period, the part of the relevant period comprised in that chargeable period or its basis period shall be deemed for the purposes of this subsection to be comprised in a chargeable period for which a writing-down allowance was made to the person. |
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Taxes Consolidation Act, 1997 |
(6) Where a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of its use as a holiday cottage ceases to be comprised in premises registered in a register referred to in section 268 in such circumstances that apart from this subsection this section would not apply in relation to the building or structure, the relevant interest in the building or structure shall for the purposes of this Chapter (other than section 272(4)) be deemed on such cesser to have been sold while the building or structure was an industrial building or structure and the net proceeds of the sale shall be deemed for those purposes to be an amount equal to the capital expenditure incurred on the construction of the building or structure. |
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Taxes Consolidation Act, 1997 |
(c) Notwithstanding paragraph (b), where but for section 272(6) or 321(5) a writing-down allowance would have been made to a person for any chargeable period, the part of the relevant period comprised in that chargeable period or its basis period shall be deemed for the purposes of this subsection to be comprised in a chargeable period for which a writing-down allowance was made to the person. |
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Taxes Consolidation Act, 1997 |
(vi) is a qualifying premises (within the meaning of section 843A(1)) which is in use for the purposes of providing the service or services referred to in paragraph (b) of the definition of “qualifying premises” in that
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Tourist Traffic Act, 1939 |
(ivb) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of section 268(1)(d) by reason of being comprised in, and in use as part of, premises which are registered in the register of caravan sites and camping sites kept under the Tourist Traffic Acts 1939 to 2003— |
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Links to Section 274 (from within TaxSource Total) | ||
Act | Linked from | Context |
Taxes Consolidation Act, 1997 |
Section 274 (balancing allowances and balancing charges). |
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Taxes Consolidation Act, 1997 |
(a) the aggregate amount of balancing allowances (within the meaning of section 274) made to the individual for the tax year under section 274, including any such allowances or part of any such allowances made to the individual for a previous tax year and carried forward from that previous year in accordance with Part 9, in respect of the following buildings or structures: |
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Taxes Consolidation Act, 1997 |
(a) the aggregate amount of balancing allowances (within the meaning of section 274) made to the individual for the tax year under section 274, including any such allowances or part of any such allowances made to the individual for a previous tax year and carried forward from that previous year in accordance with Part 9, in respect of the following buildings or structures: |
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Taxes Consolidation Act, 1997 |
(6) The disposal of the borrower’s interest in the asset to the financial undertaking, in the circumstances referred to in paragraph (c)(ii) of the definition of “credit transaction” in section 267N, shall not be construed as an event giving rise to an allowance or charge, as the case may be, within the meaning of section 274 or 288. |
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Taxes Consolidation Act, 1997 |
(5) Where subsection (4) applies, then, notwithstanding any other provision of the Tax Acts but subject to subsections (6) and (7), the amount of the capital expenditure or, as the case may be, qualifying expenditure referred to in subsection (4) which is to be treated as incurred for the purposes of the making of allowances and charges under this Part (including the making of balancing allowances and charges under section 274 and the calculation of the residue of expenditure under section 277), whether or not those allowances or charges are to be made directly under this Part or under this Part by virtue of the application of any provision of Part 10 or section 843, shall be reduced— |
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Taxes Consolidation Act, 1997 |
(i) where subsection (4)(a) applies, section 268(13)(c)(ii)(I) or, as the case may be, sections 272(9)(b)(i) and 274(1B)(b)(i), |
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Taxes Consolidation Act, 1997 |
(b) by virtue of the sale a balancing allowance under section 274 would apart from this section be made to or for the benefit of the person (in this section referred to as “the relevant person”) who was entitled to the relevant interest immediately before the sale, and |
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Taxes Consolidation Act, 1997 |
(3) For the purposes of section 274, the net proceeds to the relevant person of the sale— |
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Taxes Consolidation Act, 1997 |
276 Application of sections 272 and 274 in relation to capital expenditure on refurbishment. |
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Taxes Consolidation Act, 1997 |
(2) Notwithstanding any other provision of the Tax Acts, where on or after the 6th day of April, 1991, any capital expenditure has been incurred 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 this Chapter, sections 272 and 274 shall apply as if “the capital expenditure on refurbishment of the building or structure was incurred” were substituted for “the building or structure was first used” in each place where it occurs in sections 272(4) and 274(1)(b). |
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Taxes Consolidation Act, 1997 |
(2) Notwithstanding any other provision of the Tax Acts, where on or after the 6th day of April, 1991, any capital expenditure has been incurred 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 this Chapter, sections 272 and 274 shall apply as if “the capital expenditure on refurbishment of the building or structure was incurred” were substituted for “the building or structure was first used” in each place where it occurs in sections 272(4) and 274(1)(b). |
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Taxes Consolidation Act, 1997 |
(7) Where, on receipt of consideration of the type referred to in section 274(1)(a)(iv), a balancing allowance is made in respect of the expenditure, there shall be written off at the time of the event giving rise to the balancing allowance or, if later, on the 26th day of March, 1997, the amount by which the residue of the expenditure before that event exceeds that consideration. |
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Taxes Consolidation Act, 1997 |
(a) the expenditure actually incurred on the construction of the building or structure shall be disregarded for the purposes of sections 271, 272, 274 and 277, but |
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Taxes Consolidation Act, 1997 |
(e) where the event is a cessation referred to in section 274(2A)(b), the aggregate of— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(c) Nothing in this subsection shall affect the operation of section 274(8). |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(c) Nothing in this subsection shall affect the operation of section 274(8). |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(c) Nothing in this subsection shall affect the operation of section 274(8). |
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Taxes Consolidation Act, 1997 |
(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 |
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Taxes Consolidation Act, 1997 |
(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 |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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 |
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Taxes Consolidation Act, 1997 |
(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. |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(b) in section 274(1)(b), the following were substituted for subparagraph (iii): |
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Taxes Consolidation Act, 1997 |
(b) section 274(1)(b) shall apply as if the following were substituted for subparagraph (i): |
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Taxes Consolidation Act, 1997 |
(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 |
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Taxes Consolidation Act, 1997 |
(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. |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(c) section 274 shall apply— |
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Taxes Consolidation Act, 1997 |
(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— |
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Taxes Consolidation Act, 1997 |
(c) section 274 shall apply— |
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Taxes Consolidation Act, 1997 |
“balancing allowance” and “balancing charge” mean any allowance or charge, as the case may be, made under section 274; |
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Taxes Consolidation Act, 1997 |
(1A) Where a balancing charge is made under section 274, in relation to a building or structure, on an individual for a tax year, then— |
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Taxes Consolidation Act, 1997 |
(iii) the application of this Chapter to a specified relief for any tax year shall not affect the determination of the amount of
a balancing charge (within the meaning of section 274 and that section as applied for the purposes of any other provision of the Tax Acts) to be made on, or a balancing allowance
(within the same meanings) to be made to, any individual in respect of that relief, but the amount of any such balancing charge
to be made on that individual shall be reduced by the amount determined under paragraph (b) and where any such reduction applies
|
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Taxes Consolidation Act, 1997 |
“balancing allowance” means any allowance made under section 274; |
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Taxes Consolidation Act, 1997 |
(2)(a) Where for the year 1962-63 or any previous year of assessment an annual allowance, balancing allowance or balancing charge in respect of capital expenditure on the construction of a building or structure might have been made to or on a society under Part V of the Finance Act, 1959, but for the circumstance that the society was exempt from tax under Schedule D, any writing down allowance, balancing allowance or balancing charge to be made in respect of the expenditure under Part 9 for any chargeable period shall be computed as if every annual allowance, balancing allowance and balancing charge which might have been so made had been made; but nothing in this paragraph shall affect section 274(8). |
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Taxes Consolidation Act, 1997 |
(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 more than 7 years after the qualifying premises was first used. |
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Taxes Consolidation Act, 1997 |
(4) Notwithstanding section 274(1), but subject to subsection (4A), 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— |
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Taxes Consolidation Act, 1997 |
(4A) In the case of a qualifying premises to which subparagraph (i) or (ii) of subsection (3)(c) applies, then 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— |
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Taxes Consolidation Act, 1997 |
(4) 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 construction of the qualifying premises. |