Finance Act, 2000

Amendment of section 324 (double rent allowance in respect of rent paid for certain business premises) of Principal Act.

39.—(1) Section 324 of the Principal Act is amended by the insertion after subsection (4) of the following:

“(5) Notwithstanding any other provision of this section, subsection (2) shall not apply—

(a) in respect of rent payable, under a qualifying lease, for any part of a relevant rental period between 3 December 1998 and 31 December 2003 unless—

(i) in the case of a qualifying premises within an area or areas included in the definition of ‘the Custom House Docks Area’ by virtue of being described in an order of the Minister for Finance made under section 322(2), an agreement in writing or a contract in writing to secure the development of the building or structure, which comprises the qualifying premises or in which the qualifying premises is located, was entered into in the specified period, but by 2 December 1998, with the Dublin Docklands Development Authority (within the meaning of section 14 of the Dublin Docklands Development Authority Act, 1997 ), or

(ii) in the case of any other qualifying premises, an agreement in writing or a contract in writing to secure the development of the building or structure, which comprises the qualifying premises or in which the qualifying premises is located, was entered into in the specified period, but by 2 December 1998, and such development was wholly or mainly completed before 1 January 2000,

(b) in respect of rent payable, under a qualifying lease, for any part of a relevant rental period between 1 January 2004 and 31 December 2008, in the case of a qualifying premises to which subsection (2) applies by virtue of paragraph (a)(i),

(c) in respect of rent payable, under a qualifying lease, for any part of a relevant rental period between 1 January 2004 and 31 December 2008, in the case of a qualifying premises to which subsection (2) applies by virtue of paragraph (a)(ii), unless—

(i) the construction or refurbishment of the qualifying premises, which is the subject of the qualifying lease, was completed prior to 1 April 1998, or

(ii) (I) the construction or refurbishment of the qualifying premises, which is the subject of the qualifying lease, commenced prior to 1 April 1998, and

(II) such premises was occupied by a lessee, under a qualifying lease, prior to 9 February 1999,

or

(d) in respect of rent payable, under a qualifying lease, for any part of a relevant rental period after 31 December 2008.”.

(2) This section shall be deemed to have applied as on and from 3 December 1998.