Finance Act, 2001

Amendment of Chapter 10 (designated areas of certain towns) of Part 10 of Principal Act.

80.—(1) Chapter 10 of Part 10 of the Principal Act is amended—

(a) in section 372AA(1), by the substitution in the definition of “qualifying period” of “31 December 2003” for “31 March 2003”,

(b) in section 372AB(1)(c), by the substitution of “31 December 2003” for “31 March 2003”,

(c) in section 372AF(1), by the substitution in paragraph (b) of the definition of “qualifying premises” of “150 square metres” for “125 square metres”,

(d) in section 372AG(1), by the substitution in paragraph (b) of the definition of “qualifying premises” of “150 square metres” for “125 square metres”,

(e) in section 372AH(1), by the substitution for paragraph (d) of the definition of “qualifying premises” of the following:

“(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;”,

and

(f) in section 372AJ(1), by the insertion after paragraph (a) of the following:

“(aa) in respect of expenditure incurred on or after 6 April 2001 on the construction or refurbishment of a building or structure or a qualifying premises where any part of such expenditure has been or is to be met, directly or indirectly, by grant assistance from the State or from any other person.

(ab) in respect of expenditure incurred on or after 6 April 2001 on the construction or refurbishment of a building or structure or a qualifying premises unless the relevant interest, within the meaning of section 269, in such expenditure is held by a small or medium-sized enterprise within the meaning of Annex I to Commission Regulation (EC) No. 60/2001 of 12 January 20011 ,

(ac) in respect of expenditure incurred on or after 6 April 2001 on the refurbishment of a building or structure or a qualifying premises unless—

(i) such expenditure does not exceed €800,000,

(ii) such expenditure is incurred on a building or structure or qualifying premises in use for the purposes of the retailing of goods or the provision of services only within the State but excluding any building or structure or qualifying premises in use—

(I) as offices, or

(II) for the provision of mail order or financial services,

or

(iii) in conjunction with such expenditure, expenditure on the construction of an extension to the building or structure or qualifying premises is incurred which amounts to not less than 25 per cent of the market value of the building or structure or qualifying premises, as the case may be, immediately before the expenditure on the construction and refurbishment of the building or structure or qualifying premises was incurred.”.

(2) Paragraphs (c), (d) and (e) of subsection (1) shall apply as respects expenditure incurred on or after 6 April 2001, being expenditure which is—

(a) conversion expenditure within the meaning of section 372AF,

(b) relevant expenditure within the meaning of section 372AG, or

(c) qualifying expenditure within the meaning of section 372AH,

as the case may be.

1 O.J. No. L10 of 13 January 2001, p.33