Finance Act, 1995
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Chapter II Income Tax, Corporation Tax and Capital Gains Tax | ||
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Amendment of section 19 (relief for expenditure on significant buildings) of Finance Act, 1982. |
20.— Section 19 (as amended by the Finance Act, 1994 ) of the Finance Act, 1982 , is hereby amended as on and from the date of the passing of this Act— | |
(a) in subsection (1), by the insertion of the following definition after the definition of “qualifying expenditure”: | ||
“‘tourist accommodation facility’ means an accommodation facility— | ||
(a) registered in the register of guest houses maintained and kept by Bord Fáilte Éireann under Part III of the Tourist Traffic Act, 1939 , or | ||
(b) listed in the list published or caused to be published by Bord Fáilte Éireann under section 9 of the Tourist Traffic Act, 1957 ;”, | ||
(b) in paragraph (a) of subsection (2)— | ||
(i) by the substitution in subparagraph (ii) of the following clause for clause (B): | ||
“(B) the days and times during the year when access to the approved building is afforded to the public or the period or periods during the year when the approved building is in use as a tourist accommodation facility, as the case may be,”, | ||
(ii) by the insertion of “and” after “promotion of tourism,” in subparagraph (ii), and | ||
(iii) by the insertion of the following subparagraph after subparagraph (ii): | ||
“(iii) where, the approved building was in use as a tourist accommodation facility in any of the chargeable periods applicable for the purposes of subparagraph (ii), that the approved building was registered in the register of guest houses maintained and kept by the Board under Part III of the Tourist Traffic Act, 1939 , or listed in the list published or caused to be published by the Board under section 9 of the Tourist Traffic Act, 1957 , in those chargeable periods,”, | ||
and | ||
(c) in subsection (4)— | ||
(i) by the substitution of the following subparagraph for subparagraph (ii) of paragraph (a): | ||
“(ii) by the Revenue Commissioners, to be a building either— | ||
(I) to which reasonable access is afforded to the public, or | ||
(II) which is in use as a tourist accommodation facility for at least six months in any calendar year (hereafter in this subsection referred to as the ‘required period’) including not less than four months in the period commencing on the 1st day of May and ending on the 30th day of September in any such year.”, | ||
(ii) by the insertion in paragraph (d)— | ||
(I) of “or the building ceases to be used as a tourist accommodation facility for the required period (as the case may be)” after “the public”, and | ||
(II) of “or such use (as the case may be)” after “such access”, | ||
and the said paragraph (apart from subparagraphs (i) and (ii) thereof) as so amended is set out in the Table to this section, and | ||
(iii) by the addition of the following paragraph after paragraph (d): | ||
“(e) Where— | ||
(i) the Revenue Commissioners make a determination (hereafter in this paragraph referred to as the ‘first-mentioned determination’) that a building is either a building to which reasonable access is afforded to the public or a building which is in use as a tourist accommodation facility for the required period, and | ||
(ii) such access ceases to be so afforded or such building ceases to be so used, as the case may be, in a chargeable period subsequent to the chargeable period in which the first-mentioned determination was made, and | ||
(iii) on application to them in that chargeable period in that behalf by the person who owns or occupies the building the Revenue Commissioners revoke the first-mentioned determination and make a further determination (hereafter in this paragraph referred to as the ‘second-mentioned determination’) with effect from the date of revocation of the first-mentioned determination— | ||
(I) in the case of a building in respect of which a determination was made that it is a building to which reasonable access is afforded to the public, that the building is a building which is in use as a tourist accommodation facility for the required period, or | ||
(II) in the case of a building in respect of which a determination was made that it is a building which is in use as a tourist accommodation facility for the required period, that the building is a building to which reasonable access is afforded to the public, | ||
then, paragraph (d) shall not apply on the revocation of the first-mentioned determination and, for the purposes of that paragraph, the second-mentioned determination shall be treated as having been made at the time of the making of the first-mentioned determination.”. | ||
TABLE | ||
(d) Where under paragraph (a) the Revenue Commissioners make a determination in relation to a building, and reasonable access to the building ceases to be afforded to the public or the building ceases to be used as a tourist accommodation facility (as the case may be), the Revenue Commissioners may, by notice in writing given to the owner or occupier of the building, revoke the determination with effect from the date on which they consider that such access or such use (as the case may be) so ceased, and |