Finance Act 2010
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Amendment of section 843A (capital allowances for buildings used for certain childcare purposes) of Principal Act. |
26.— Section 843A of the Principal Act is amended— | |
(a) in subsection (1) by inserting the following after the definition of “qualifying expenditure”: | ||
“ ‘qualifying period’ means the period commencing on 1 December 1999 and ending— | ||
(a) on 30 September 2010, or | ||
(b) where subsection (6)(a) applies, on 31 March 2011, or | ||
(c) where subsection (6)(b) applies, on 31 March 2012;”, | ||
(b) in subsection (2) by substituting “Subject to subsections (2A) to (5)” for “Subject to subsections (3) to (5)”, | ||
(c) by inserting the following after subsection (2): | ||
“(2A) An allowance shall be given by virtue of subsection (2) in relation to any qualifying expenditure on a qualifying premises only in so far as that expenditure is incurred in the qualifying period.”, | ||
(d) in subsection (3) by substituting “incurred in the qualifying period” for “incurred on or after 2 December 1998”, and | ||
(e) by inserting the following after subsection (5): | ||
“(6) (a) For the purposes of paragraph (b) of the definition of ‘ qualifying period ’, this paragraph applies where— | ||
(i) capital expenditure is incurred on the construction, conversion or refurbishment of a qualifying premises, | ||
(ii) the construction, conversion or refurbishment work on the qualifying premises represented by that expenditure is exempted development for the purposes of the Planning and Development Act 2000 by virtue of section 4 of that Act or by virtue of Part 2 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in this subsection referred to as the ‘Regulations of 2001’), and | ||
(iii) not less than 30 per cent of the total construction, conversion or refurbishment costs has been incurred on or before 30 September 2010. | ||
(b) For the purposes of paragraph (c) of the definition of ‘ qualifying period ’, this paragraph applies where— | ||
(i) capital expenditure is incurred on the construction, conversion or refurbishment of a qualifying premises, | ||
(ii) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000 ), in so far as planning permission is required, in respect of the construction, conversion or refurbishment work on the qualifying premises represented by that expenditure, is made in accordance with the Regulations of 2001, | ||
(iii) an acknowledgement of the application, which confirms that the application was received on or before 30 September 2010, is issued by the planning authority in accordance with article 26(2) of the Regulations of 2001, and | ||
(iv) the application is not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 26(5) of the Regulations of 2001. | ||
(7) For the purposes only of determining, in relation to a claim for an allowance by virtue of subsection (2), whether and to what extent capital expenditure incurred on the construction, conversion or refurbishment of a qualifying premises is incurred or not incurred in the qualifying period, only such an amount of that capital expenditure as is properly attributable to work on the construction, conversion or refurbishment of the premises actually carried out during the qualifying period shall (notwithstanding any other provision of the Tax Acts as to the time when any capital expenditure is or is to be treated as incurred) be treated as having been incurred in that period.”. |