372AB Qualifying areas

Summary

This section empowers the Minister for Finance, on the recommendation of the Minister for the Environment and Local Government, to designate by order certain areas to be qualifying areas for one or more of the reliefs provided for in the Chapter or in Chapter 11 of this Part. The order may, as regards these reliefs discriminate as between certain categories of commercial development, certain categories of expenditure and may confine relief to the refurbishment of the facade. Orders will prescribe in relation to such areas the period in which the scheme is to operate.

Details

Designation process – making of orders

(1) The Minister for Finance, on the recommendation of the Minister for the Environment and Local Government (which recommendation takes account of a Town Renewal Plan submitted by a local authority) may make an order directing that:

• (1)(a) an area or areas described in the order is to be a qualifying area for the purposes of one or more sections of the Chapter or of Chapter 11 of this Part,
• (1)(b) if the area is to be a qualifying area:
  • for the purposes of capital allowances for industrial premises under section 372AC – the order can provide that relief may be confined to the construction, the refurbishment, or the refurbishment of the facade of, such a building or structure;
  • for the purposes of capital allowances for commercial premises under section 372AD – the order can provide that one or more of the types of building or structure referred to in subsection (2) may or may not be a qualifying premises for relief purposes. Also relief may be confined to construction or refurbishment of such premises;
  • for the purposes of the owner-occupier designation under section 372AR – the order can provide that relief may be confined to construction, conversion, refurbishment, and/or the refurbishment of the façade, of a residential premises;
• (1)(ba) if the area is to be a qualifying area for the purposes of section 372AP (which provides relief for rented residential accommodation) the order can provide that the section applies in relation to construction, conversion, refurbishment, or the refurbishment of a facade, as appropriate.

Qualifying Period –Town Renewal qualifying areas

(1)(c) The order will specify the qualifying period for availing of the reliefs covered by the order. In the case of the business incentives covered by sections 372AC and 372AD, any such period specified in the order may not commence before 6 April 2001 or end after 31 December 2004 or, where section 372AA(1A) applies, end after 31 December 2006. [NB: The 31 December 2006 date is, subject to a commencement order, further extended to 31 July 2008 by section 33 FA 2006 – provided that the conditions of section 372AA(1A) and (3) are satisfied].

In the case of the residential incentives covered by Chapter 11, any such period specified in the order may not commence before 1 April 2000 or end:

• after 31 December 2002, or
• after 31 December 2006, where section 372AL(1A) applies, or
• after 31 July 2008, where section 372AL(1A) and (3) apply.

Commercial buildings: selection of certain types

(2) The types of commercial premises referred to in subsection (1)(b) are specified viz. offices, the facade of offices, other commercial buildings with only a small office content and the facade of such buildings. An order can provide that one or more of these may or may not be a qualifying premises within the meaning of section 372AD.

Power to amend or revoke an order

(2A) The power to make an order under subsection (1) includes the power to amend or revoke the order.

Laying of orders

(3) Orders made designating areas as qualifying areas must be laid before Dáil Éireann in the normal way.

Accord with town renewal law

(4) Relief under this Chapter or Chapter 11 of this Part will be available only where the requirements of the town renewal legislation referred to in section 372AA(2) [i.e. the Town Renewal Act 2000] are met.

Relevant Date: Finance Act 2019