372AHResidential accommodation: allowance to owner-occupiers in respect of certain expenditure on construction or refurbishment.

(1) In this section—

“facade” has the same meaning as in section 372AG;

“qualifying expenditure”, in relation to an individual, means an amount equal to the amount of the expenditure incurred by the individual on the construction or, as the case may be, refurbishment of a qualifying premises which is a qualifying owner-occupied dwelling in relation to the individual after deducting from that amount of expenditure any sum in respect of or by reference to—

(a) that expenditure,

(b) the qualifying premises, or

(c) the construction or, as the case may be, refurbishment work in respect of which that expenditure was incurred,

which the individual has received or is entitled to receive, directly or indirectly, from the State, any board established by statute or any public or local authority;

“qualifying owner-occupied dwelling”, in relation to an individual, means a qualifying premises which is first used, after the qualifying expenditure has been incurred, by the individual as his or her only or main residence;

“qualifying premises”, in relation to the incurring of qualifying expenditure, means, subject to subsections (4) and (5) of section 372AI, a house—

(a) the site of which is wholly within a qualifying area,

(b) which is used solely as a dwelling,

(c) in respect of which there is in force either a certificate of compliance or, if it is not a house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of construction or, as the case may be, refurbishment of the house is not less than the expenditure actually incurred on such construction or refurbishment, as the case may be, but where the qualifying expenditure relates solely to a facade this paragraph shall not apply, and

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(d) the total floor area of which is not less than 38 square metres and not more than 125 square metres;

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(d) the total floor area of which is not less than 38 square metres and not more than—

(i) in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 125 square metres, or

(ii) in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 210 square metres;

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“refurbishment” has the same meaning as in section 372AG;

“street” has the same meaning as in section 372AG.

(2) (a) Where an individual, having made a claim in that behalf, proves to have incurred qualifying expenditure in a year of assessment, the individual shall be entitled, for that year of assessment and for any of the 9 subsequent years of assessment in which the qualifying premises in respect of which the individual incurred the qualifying expenditure is the only or main residence of the individual, to have a deduction made from his or her total income of an amount equal to—

(i) in the case where the qualifying expenditure has been incurred on the construction of the qualifying premises, 5 per cent of the amount of that expenditure, or

(ii) in the case where the qualifying expenditure has been incurred on the refurbishment of the qualifying premises, 10 per cent of the amount of that expenditure.

(b) Notwithstanding paragraph (a), where the individual, or, being a husband or wife, the individual’s spouse, is assessed to tax in accordance with section 1017, the individual shall, except where section 1023 applies, be entitled to have the deduction, to which he or she is entitled under paragraph (a), made from his or her total income and the total income of his or her spouse, if any.

(c) A deduction shall be given under this section in respect of qualifying expenditure only in so far as that expenditure is to be treated under section 372AI(7) as having been incurred in the qualifying period.

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(2A) Where the year of assessment first mentioned in subsection (2) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection shall apply—

(a) as if for “any of the 9 subsequent years of assessment” there were substituted “any of the 10 subsequent years of assessment”,

(b) as respects the year of assessment 2001, as if “3.7 per cent” and “7.4 per cent” were substituted for “5 per cent” and “10 per cent”, respectively, and

(c) as respects the year of assessment which is the 10th year of assessment subsequent to the year of assessment first mentioned in that subsection, as if “1.3 per cent” and “2.6 per cent” were substituted for “5 per cent” and “10 per cent”, respectively.

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(3) Where qualifying expenditure in relation to a qualifying premises is incurred by 2 or more persons, each of those persons shall be treated as having incurred the expenditure in the proportions in which they actually bore the expenditure, and the expenditure shall be apportioned accordingly.

(4) (a) Section 372AE(4), in relation to the apportionment of qualifying expenditure incurred on the construction of a qualifying premises and section 372AE(7), in relation to the amount of expenditure to be treated as incurred in the qualifying period on the construction of a house which is sold before it is used, shall, with any necessary modifications, apply in relation to qualifying expenditure incurred on the construction of a qualifying premises within the meaning of this section, as they apply in relation to expenditure incurred under section 372AE.

(b) Section 372AG(4), in relation to the apportionment of relevant expenditure incurred on the refurbishment of a qualifying premises, and section 372AG(7), in relation to the amount of relevant expenditure to be treated as incurred in the qualifying period on the refurbishment of a house which is sold before it is used subsequent to the incurring of that expenditure, shall, with any necessary modifications, apply in relation to qualifying expenditure incurred on the refurbishment of a qualifying premises within the meaning of this section, as they apply in relation to relevant expenditure incurred under section 372AG.

(5) Section 372AI shall apply for the purposes of supplementing this section.