Taxes Consolidation Act, 1997 (Number 39 of 1997)
CHAPTER 4
Qualifying resort areas
351 Interpretation (Chapter 4).
[FA95 s46(1)]
In this Chapter—
“lease”, “lessee”, “lessor” and “rent” have the same meanings respectively as in Chapter 8 of Part 4;
“market value”, 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;
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“qualifying period” means the period commencing on the 1st day of July, 1995, and ending on the 30th day of June, 1998;
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“qualifying period” means the period commencing on the 1st day of July, 1995, and ending on—
(a) the 30th day of June, 1998, or
(b) the 30th day of June, 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—
(i) a building or structure to which section 352 applies, or
(ii) a qualifying premises within the meaning of section 353, 354, 356, 357 or 358,
the relevant local authority gives a certificate in writing, on or before the 30th day of September, 1998, 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 15 per cent of the total cost of the building or structure 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;
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“qualifying period” means the period commencing on the 1st day of July, 1995, and ending on—
(a) the 30th day of June, 1998, or
(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—
(i) a building or structure to which section 352 applies, or
(ii) a qualifying premises within the meaning of section 353, 354, 356, 357 or 358,
the 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;
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“qualifying resort area” means any area described in Schedule 8;
“refurbishment”, 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.
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“the relevant local authority”, 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 “qualifying period”, 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.
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