Finance Act 2004
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Amendment of Part 10 (income tax and corporation tax: reliefs for renewal and improvement of certain urban areas, certain resort areas and certain islands) of Principal Act. |
26.—(1) Part 10 of the Principal Act is amended— | |
(a) in section 344(1), in paragraph (c) of the definition of “qualifying period” by substituting “31 July 2006” for “31 December 2004”, | ||
(b) in section 372A— | ||
(i) in subsection (1), in the definition of “qualifying period”: | ||
(I) by substituting in paragraph (a)(ii), “31 July 2006” for “31 December 2004”, and | ||
(II) by substituting the following for paragraph (b): | ||
“(b) subject to section 372BA and in relation to a qualifying street, the period commencing on 6 April 2001 and ending on— | ||
(i) 31 December 2004, or | ||
(ii) where subsection (1B) applies, 31 July 2006;”, | ||
and | ||
(ii) by inserting the following subsection after subsection (1A): | ||
“(1B) This subsection shall apply in relation to a qualifying street, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if— | ||
(a) (i) 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 or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and | ||
(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations, | ||
(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 ( S.I. No. 86 of 1994 ), not being an application for outline permission within the meaning of article 3 of those regulations, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and | ||
(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations, | ||
or | ||
(c) where the construction or refurbishment work on the building or structure 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 ) and— | ||
(i) a detailed plan in relation to the development work is prepared, | ||
(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and | ||
(iii) work to the value of 5 per cent of the development costs is carried out, | ||
not later than 31 December 2004.”, | ||
(c) in section 372B— | ||
(i) in paragraph (c)(ii), by substituting “31 July 2006” for “31 December 2004”, and | ||
(ii) in paragraph (d)(ii), by substituting “31 July 2006” for “31 December 2004”, | ||
(d) in section 372BA(1)— | ||
(i) in paragraph (ba), by substituting “where such a street is to be a qualifying street for the purposes of section 372AP, that section shall apply in relation to that street” for “where such an area or areas is or are to be a qualifying area for the purposes of section 372AP, that section shall apply in relation to that area or those areas”, | ||
(ii) by inserting the following paragraph after paragraph (ba): | ||
“(bb) as respects any such street so described in the order and in so far as this Chapter is concerned, the definition of qualifying period in section 372A shall be construed as a reference to such period as shall be specified in the order in relation to that street; but no such period specified in the order shall commence before 6 April 2001 or end after— | ||
(i) 31 December 2004, or | ||
(ii) where section 372A(1B) applies, 31 July 2006,”, | ||
and | ||
(iii) by substituting the following for paragraph (c): | ||
“(c) as respects any such street so described in the order and in so far as Chapter 11 of this Part is concerned, the definition of qualifying period in section 372A shall be construed as a reference to such period as shall be specified in the order in relation to that street; but no such period specified in the order shall commence before 6 April 2001 or end after— | ||
(i) 31 December 2004, or | ||
(ii) where section 372AL(1A) applies, 31 July 2006.”, | ||
(e) in section 372L— | ||
(i) by numbering the existing provisions in that section as subsection (1), | ||
(ii) in paragraph (a) of the definition of “qualifying period” in the said subsection (1), by substituting the following for “and ending on 31 December 2004”: | ||
“and ending on— | ||
(i) 31 December 2004, or | ||
(ii) where subsection (2) applies, 31 July 2006”, | ||
and | ||
(iii) by inserting the following subsection after the said subsection (1): | ||
“(2) This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if— | ||
(a) (i) 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 or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and | ||
(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations, | ||
(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 ( S.I. No. 86 of 1994 ), not being an application for outline permission within the meaning of article 3 of those regulations, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and | ||
(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations, | ||
or | ||
(c) where the construction or refurbishment work on the building or structure 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 ) and— | ||
(i) a detailed plan in relation to the development work is prepared, | ||
(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and | ||
(iii) work to the value of 5 per cent of the development costs is carried out, | ||
not later than 31 December 2004.”, | ||
(f) in section 372U— | ||
(i) in subsection (1), by substituting the following for the definition of “qualifying period”: | ||
“ ‘qualifying period’ means the period commencing on 1 July 1999 and ending on— | ||
(a) 31 December 2004, or | ||
(b) where subsection (1A) applies, 31 July 2006;”, | ||
and | ||
(ii) by inserting the following subsection after subsection (1): | ||
“(1A) This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if— | ||
(a) (i) 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 or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and | ||
(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations, | ||
(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 ( S.I. No. 86 of 1994 ), not being an application for outline permission within the meaning of article 3 of those regulations, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and | ||
(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations, | ||
or | ||
(c) where the construction or refurbishment work on the building or structure 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 ) and— | ||
(i) a detailed plan in relation to the development work is prepared, | ||
(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and | ||
(iii) work to the value of 5 per cent of the development costs is carried out, | ||
not later than 31 December 2004.”, | ||
(g) in section 372W(2)(c)(i), by substituting “this Chapter or Chapter 11” for “this Chapter”, | ||
(h) in section 372AA— | ||
(i) in subsection (1), by substituting the following for the definition of “qualifying period”: | ||
“ ‘qualifying period’ means, subject to section 372AB, the period commencing on 6 April 2001 and ending on— | ||
(a) 31 December 2004, or | ||
(b) where subsection (1A) applies, 31 July 2006;”, | ||
and | ||
(ii) by inserting the following subsection after subsection (1): | ||
“(1A) This subsection shall apply, as respects capital expenditure incurred on the construction or refurbishment of a building or structure, if— | ||
(a) (i) 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 or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and | ||
(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations, | ||
(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 ( S.I. No. 86 of 1994 ), not being an application for outline permission within the meaning of article 3 of those regulations, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and | ||
(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations, | ||
or | ||
(c) where the construction or refurbishment work on the building or structure 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 ) and— | ||
(i) a detailed plan in relation to the development work is prepared, | ||
(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and | ||
(iii) work to the value of 5 per cent of the development costs is carried out, | ||
not later than 31 December 2004.”, | ||
(i) in section 372AB(1)(c)— | ||
(i) in subparagraph (i), by substituting “6 April 2001” for “the day referred to in paragraph (a) of the definition of ‘qualifying period’ in section 372AA”, and | ||
(ii) by substituting the following for “or end after 31 December 2003”: | ||
“or end after 31 December 2004, or— | ||
(I) in the case of sections 372AC and 372AD where section 372AA(1A) applies, end after 31 July 2006, and | ||
(II) in the case of any provision of Chapter 11 of this Part where section 372AL(1A) applies, end after 31 July 2006.”, | ||
and | ||
(j) in section 372AL— | ||
(i) in subsection (1)— | ||
(I) in paragraph (a)(ii) by substituting “31 July 2006” for “31 December 2004”, | ||
(II) in paragraph (b) by substituting “and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 July 2006” for “and ending on 31 December 2004”, | ||
(III) in paragraphs (c)(i) and (c)(ii) by substituting “and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 July 2006” for “and ending on 31 December 2004”, | ||
(IV) in paragraph (d) by substituting “and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 July 2006” for “and ending on 31 December 2004”, | ||
(V) in paragraph (e) by substituting “and ending on 31 December 2004 or, where subsection (1A) applies, ending on 31 July 2006” for “and ending on 31 December 2004”, and | ||
(VI) in paragraph (f) by substituting the following for subparagraph (ii): | ||
“(ii) where subsection (1A) applies, 31 July 2006.”, | ||
and | ||
(ii) by inserting the following subsection after subsection (1): | ||
“(1A) This subsection shall apply, as respects expenditure incurred on the construction, conversion or, as the case may be, refurbishment of a building or structure, if— | ||
(a) (i) 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 building or structure represented by that expenditure, is made in accordance with the Planning and Development Regulations 2001 to 2003, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, is issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), and | ||
(iii) the application is not an invalid application in respect of which a notice is issued by the planning authority in accordance with article 26(5) of those regulations, | ||
(b) (i) a planning application, in so far as planning permission was required, in respect of the construction, conversion or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 ( S.I. No. 86 of 1994 ), not being an application for outline permission within the meaning of article 3 of those regulations, | ||
(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and | ||
(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations, | ||
or | ||
(c) where the construction, conversion or refurbishment work on the building or structure 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 ) and— | ||
(i) a detailed plan in relation to the development work is prepared, | ||
(ii) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and | ||
(iii) work to the value of 5 per cent of the development costs is carried out, | ||
not later than 31 December 2004.”, | ||
(2) (a) Paragraphs (b)(i)(I), (b)(i)(II), (b)(ii), (c)(i), (d)(ii) and (e) of subsection (1) shall come into operation on the making of an order to that effect by the Minister for Finance. | ||
(b) Paragraphs (d)(i), (g) and (i)(i) of subsection (1) are deemed to have applied as on and from 1 January 2002. |