S.I. No. 294/2004 - Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Ballyshannon, County Donegal) Order 2004

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 372AB (as amended by section 26 of the Finance Act 2004 (No. 8 of 2004)), of the Taxes Consolidation Act 1997 (No. 39 of 1997), the Minister for the Environment, Heritage and Local Government having made a recommendation to me pursuant to that section, (that Minister having considered a Town Renewal Plan submitted to him by Donegal County Council), hereby order as follows:

1. This Order may be cited as the Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Ballyshannon, County Donegal) Order 2004.

2. (1) In this Order-

“Act” means the Taxes Consolidation Act 1997 (No. 39 of 1997);

“classification” shall be construed in accordance with Schedule 5.

(2) A classification set out in column (1) of Schedule 5 shall be construed by reference to the matter in column (3) of that Schedule opposite the mention of the classification concerned.

(3) In this Order-

(a) a reference to a Schedule is to a Schedule to this Order, unless it is indicated that reference to some other Order or enactment is intended, and

(b) a reference to a paragraph is a reference to a paragraph of the provision in which the reference occurs, unless indicated that reference to some other provision is intended.

3. (1) Subject to paragraphs (2) and (3), the sites specified in Schedule 1, being sites marked on the map of the town of Ballyshannon, County Donegal, annexed to this Order (each of which is shaded blue and delineated with a red line on that map and is within the boundary of the Ballyshannon Town Renewal Plan Area) are designated as qualifying areas pursuant to section 372AB of the Act.

(2) Subject to paragraph (3) the designation of the sites designated by paragraph (1) shall apply only for the purposes of the sections of the Act specified in column (3) of Schedule 3 opposite the mention of the sites concerned.

(3) The designation of the sites referred to in paragraphs (1) and (2) shall apply only in respect of the classification of—

(a) the purposes,

(b) the categories of building or structure, or

specified in column (4) of Schedule 3 opposite the mention of the section concerned of the Act at that reference number.

4. (1) Subject to paragraphs (2) and (3), each of the areas specified in Schedule 2 being areas marked on the map of the town of Ballyshannon, County Donegal, annexed to this Order (each of which is shaded green and delineated with a red line on that map and is within the boundary of the Ballyshannon Town Renewal Plan Area) are, as respects the buildings and structures within such areas, designated as qualifying areas pursuant to section 372AB of the Act.

(2) Subject to paragraph (3) the designation of the areas designated by paragraph (1) shall apply only for the purposes of the sections of the Act specified in column (3) of Schedule 4 opposite the mention of the areas concerned.

(3) The designation of the areas referred to in paragraphs (1) and (2) shall apply only in respect of the classification of—

(a) the purposes,

(b) the categories of building or structure, or

specified in column (4) of Schedule 4 opposite the mention of the section concerned of the Act at that reference number.

5. (1) The qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects sections 372AC and 372AD, be construed as a reference to the period commencing on 6 April 2001 and ending on 31 December 2004, or where section 372AA(1A) applies, ending on 31 July 2006.

(2) The qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AR, be construed as a reference to the period commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.

(3) Subject to paragraphs (4) and (5), the qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AP, be construed as a reference to the period commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.

(4) Subject to paragraph (5), the qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AP, and classifications of expenditure 6A and 6B, (which relate to that section) be construed as a reference to the period —

(a) commencing on 5 December 2001 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006,

(b) where subsection (9) or (10) of section 372AP applies, commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.

(5) Paragraph (4)(b) shall not apply unless -

(a) a contract for the purchase of the house had not been evidenced in writing by any person prior to 5 December 2001, and

(b) a contract for the purchase of the house was evidenced in writing on or before 1 September 2002.

SCHEDULE 1

(Sites designated as qualifying areas for purposes specified in Schedule 3)

Sites 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55 and 56.

SCHEDULE 2

(Areas designated as qualifying areas for the purposes specified in Schedule 4)

Areas 14, 23 and 28.

SCHEDULE 3


Reference Number (1)	Site Reference (2)	Provision of Act for Which Site designated (3)	Classification (4)
1	1	Section 372AD	2B
		Section 372AP	5B
2	2	Section 372AR	4B
		Section 372AP	6B
3	3	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
4	4	Section 372AR	4B
		Section 372AP	6B
5	5	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
6	6	Section 372AR	4B
		Section 372AP	6B
7	7	Section 372AR	4A, 4B
		Section 372AP	6A, 6B
8	8	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
9	9	Section 372AD	2B
10	10	Section 372AD	2B
		Section 372AR	4A, 4B
		Section 372AP	6A, 6B
11	11	Section 372AR	4A
		Section 372AP	6A
12	12	Section 372AR	4B
		Section 372AP	6B
13	13	Section 372AD	2B
		Section 372AR	4B, 4A
		Section 372AP	6A, 6B
14	15	Section 372AR	4B
		Section 372AP	6B
15	16	Section 372AD	2A
16	17	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
17	18	Section 372AR	4B
		Section 372AP	6B
18	19	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
19	20	Section 372AD	2A, 2B
20	21	Section 372AD	2B
21	22	Section 372AD	2B
		Section 372AP	5B
22	24	Section 372AD	2B
23	25	Section 372AD	2A
		Section 372AR	4A
		Section 372AP	6A
24	26	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
25	27	Section 372AP	5B
26	29	Section 372AD	1B
		Section 372AR	4B
		Section 372AP	6B
27	30	Section 372AR	4B
		Section 372AP	6B
28	31	Section 372AD	2B
29	32	Section 372AR	4B
		Section 372AP	6B
30	33	Section 372AR	4B
		Section 372AP	6B
31	34	Section 372AR	4A
		Section 372AP	6A
32	35	Section 372AR	4B
		Section 372AP	5B
33	36	Section 372AR	4B
		Section 372AP	6B
34	37	Section 372AD	1A
		Section 372AR	4B
		Section 372AP	6B
35	38	Section 372AR	4B
		Section 372AP	6B
36	40	Section 372AD	2A, 2B
		Section 372AR	4B
		Section 372AP	6B
37	41	Section 372AD	2B
		Section 372AR	4A
		Section 372AP	5B, 6A
38	42	Section 372AD	2A, 2B
		Section 372AR	4A
		Section 372AP	6A
39	43	Section 372AD	2B
40	44	Section 372AD	2B
41	45	Section 372AD	1B, 2B
42	46	Section 372AD	2B
43	47	Section 372AD	2A
44	48	Section 372AD	1B, 2B
45	50	Section 372AD	2B
		Section 372AP	5B
46	51	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B
47	52	Section 372AR	4B
		Section 372AP	6B
48	53	Section 372AD	2A, 2B
		Section 372AR	4B
		Section 372AP	6B
49	54	Section 372AR	4A, 4B
		Section 372AP	6A, 6B
50	55	Section 372AD	2B
51	56	Section 372AD	2B
		Section 372AR	4B
		Section 372AP	6B

SCHEDULE 4

Reference Number (1)	Area Reference (2)	Provision of Act for Which Area designated (3)	Classification (4)
1	Area 14	Section 372AD	2C
2	Area 23	Section 372AD	2C
3	Area 28	Section 372AD	1C, 2C

SCHEDULE 5

(Explanation of Classifications in column (4) of Schedules 3 and 4)

Classification (1)	Section of Act (2)	Purpose, category or type of expenditure to which classification relates (3)
1A	Section 372AD	The construction of buildings or structures in use as offices.
1B	Section 372AD	The refurbishment of buildings or structures in use as offices.
1C	Section 372AD	The refurbishment of the facade of a building or structure in use as offices.
2A	Section 372AD	The construction of buildings or structures other than offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their construction relates to the construction of offices.
2B	Section 372AD	The refurbishment of buildings or structures other than offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their refurbishment relates to the refurbishment of offices.
2C	Section 372AD	The refurbishment of the façade of buildings or structures other than offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their refurbishment relates to the refurbishment of offices.
4A	Section 372AR	The construction of a qualifying premises within the meaning of Chapter 11 of Part 10 of the Act.
4B	Section 372AR	The conversion into, or the refurbishment of, a qualifying premises within the meaning of Chapter 11 of Part 10 of the Act.
5B	Section 372AP	Conversion expenditure or refurbishment expenditure incurred in relation to a house.
6A	Section 372AP	Expenditure incurred on the construction of a house, but only in so far as it relates to expenditure incurred on the construction of a house — (a) on or after 5 December 2001, or (b) where subsection (9) or (10) of section 372AP applies, prior to that date, but only if — (i) a contract for the purchase of the house had not been evidenced in writing by any person prior to that date, but (ii) a contract for the purchase of the house is evidenced in writing on or before 1 September 2002.
6B	Section 372AP	Conversion expenditure or refurbishment expenditure incurred on a house, but only in so far as it relates to such expenditure incurred — (a) on or after 5 December 2001, or (b) where subsection (9) or (10) of section 372AP applies, prior to that date, but only if — (i) a contract for the purchase of the house had not been evidenced in writing by any person prior to that date, but (ii) a contract for the purchase of the house is evidenced in writing on or before 1 September 2002.

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GIVEN under my Official Seal,

9th of June 2004.

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Charlie McCreevy

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order provides for the designation, under section 372AB of the Taxes Consolidation Act, 1997 , of certain areas in Ballyshannon, County Donegal, as qualifying areas for the purposes of certain tax reliefs under the Town Renewal Scheme.

The areas in question are areas which have been recommended for selection by the Minister for the Environment, Heritage and Local Government under section 6 and section 6A (as inserted by section 25 (2) Finance Act, 2002 ) of the Town Renewal Act, 2000 . All the areas involved were the subject of a Town Renewal Plan prepared in accordance with section 3 of that Act. The tax reliefs which apply in relation to each such area are outlined in the Schedules to the Order.

Notwithstanding this Order, by virtue of section 372AB(4) of the Taxes Consolidation Act, 1997 and section 7 of the Town Renewal Act, 2000 , no relief from income tax or corporation tax may be granted under the Town Renewal Scheme in respect of the construction, conversion or refurbishment of a building, structure or house unless the relevant county council has certified that the construction, conversion or refurbishment is consistent with the objectives of the Town Renewal Plan for the area.