A number of Commencement Orders have issued in the past month.

SI 76 and SI 91 of 2009 deal Energy Efficient Equipment.

A commencement Order enacts Section 285A TCA 97. Section 258A was provided for in FA 2008 and gives 100% capital allowances on expenditure incurred by a company on the provision of new energy-efficient equipment for the purposes of a trade carried on by that company.

The effect of this Order is to list further energy efficient products whose capital cost will be eligible for accelerated capital allowances and to update the energy efficiency criteria used to determine eligibility for inclusion on those product lists.

SI 97 of 2009 deals with F(No 2)08 s28(1) Film Relief; SI 98 of 2009 deals with FA08 s32(1)(b) Film Relief.

Section 28(1) of Finance (No. 2) Act 2008 provides for an increase in the allowable percentage of a film investment from 80% to 100%; and the allowable amount from €31,750 to €50,000. Section 31(1)(b) of Finance Act 2008 provides for an increase in the overall ceiling per film from €35m to €50m.

SI 68 of 2009 brings into operation the provisions of section 51 of the Finance Act 2007. This section extends the qualifying period for relief under section 486B of the Taxes Consolidation Act 1997 to 31 December 2011.

Section 486B TCA 1997, provides tax relief for corporate investment in certain renewable energy projects, including those successful in the Alternative Energy Requirement competitions. To qualify for the relief the energy project must be in the solar, wind, hydro or biomass technology categories. The investment in respect of which relief can be given is capped at the lesser of 50% of all capital expenditure or €9.525 million for a single project. Investment by a company or group is capped at €12.7 million per annum and unless the shares are held for at least 5 years by the company the relief will be withdrawn.

The above Commencement Orders are reproduced at Section 2.09.