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Amendment of section 1003A (payment of tax by means of donation of heritage property to an Irish heritage trust) of Principal Act.
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25.— (1) Section 1003A of the Principal Act is amended—
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(a) in subsection (1) in the definition of “Minister” by substituting “Minister for Arts, Heritage and the Gaeltacht” for “Minister for the Environment, Heritage and Local Government”,
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(b) in paragraph (a) of subsection (2)—
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(i) by substituting “Commissioners of Public Works in Ireland.” for “Commissioners of Public Works in Ireland,” in subparagraph (iv), and
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(ii) by deleting all words from and including “and, for the purposes of this section” to the end of that paragraph,
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(c) in subsection (2) by inserting the following after paragraph (a):
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“(aa) For the purposes of this section—
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(i) a reference to ‘building’ includes—
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(I) any associated outbuilding, yard or land where the land is occupied or enjoyed with the building as part of its gardens or designed landscape and contributes to the appreciation of the building in its setting,
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(II) the contents of the building, and
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(III) land necessary for the provision of access to the building or for the provision of parking facilities for visitors to the building,
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(ii) a reference to ‘garden’ includes—
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(I) any associated building, outbuilding, yard or land where the land is occupied or enjoyed with the garden and contributes to the appreciation of the garden in its setting, and
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(II) land necessary for the provision of access to the garden or for the provision of parking facilities for visitors to the garden.
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(ab) Where a heritage property is donated under this section and the Trust or, as appropriate, the Commissioners of Public Works in Ireland deem that lands outside of the ownership of the donor of the heritage property would be necessary for the provision of access to the heritage property or for the provision of parking facilities for visitors to the heritage property, such lands may be donated for such purpose to the Trust or, as appropriate, the Commissioners of Public Works in Ireland under the terms of this section and those lands shall be deemed to be a heritage property for the purpose of this section.”.
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(d) in subsection (2) by substituting “Minister for Public Expenditure and Reform” for “Minister for Finance” in each place in paragraph (f), and
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(e) in subsection (5) by substituting “an amount equal to 50 per cent of the market value” for “an amount equal to 80 per cent of the market value”.
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(2) Subsection (1) applies in respect of any determination made, on or after the date of the passing of this Act, under section 1003A(2)(a) of the Principal Act by the Minister for Arts, Heritage and the Gaeltacht or, as appropriate, by the Commissioners of Public Works in Ireland.
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