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Capital allowances for hotels.
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81.—Section 268 of the Principal Act is amended by the insertion of the following after subsection (10):
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“(11) Notwithstanding any other provision of this section, as respects capital expenditure incurred on or after 20 March 2001, a building or structure in use for the purposes of the trade of hotel-keeping shall not be treated as an industrial building or structure where any part of that expenditure has been or is to be met, directly or indirectly, by grant assistance from the State or from any other person.
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(12) Notwithstanding any other provision of this section, as respects capital expenditure incurred on the construction or refurbishment of a building or structure in respect of which construction or refurbishment first commences on or after 6 April 2001, a building or structure in use for the purposes of the trade of hotel-keeping shall not be treated as an industrial building or structure unless, on the making of an application by the person who incurs the capital expenditure on the construction or refurbishment of the building or structure, Bord Fáilte Éireann gives a certificate in writing to that person, in relation to that expenditure, stating—
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(a) that sufficient information has been furnished to it as to enable a determination to be made as to whether or not that person is a small or medium-sized enterprise within the meaning of Annex 1 to Commission Regulation (EC) No. 70/2001 of 12 January 20011
on the application of Articles 87 and 88 of the European Communities Treaty to State aid to small and medium-sized enterprises, and
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(b) that such person has undertaken to furnish to the Minister for Finance, or to such other Government Minister, agency or body as may be nominated for that purpose by the Minister for Finance, upon request in writing by that Minister, agency or body, such further information as may be necessary to enable compliance with the reporting requirements of that Regulation or any other European Communities Regulation or Directive under the European Communities Treaty governing the granting of State aid in specific sectors.”.
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1 O.J. No. L10 of 13 January 2001, p.33 |
