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S.I. No. 598/2004 - Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (H.A.R.P., Dublin) Order 2004

S.I. No. 598/2004 - Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (H.A.R.P., Dublin) Order 2004 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2004 S.I. No. 598/2004 - Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (H.A.R.P., Dublin) Order 2004 S.I. No. 598/2004 - Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (H.A.R.P., Dublin) Order 2004 AmendmentsLeasuithe S.I. No. 598 of 2004 Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (H.A.R.P., Dublin) Order 2004 Made by the Minister for Finance I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 372B (as amended by section 26 of the Finance Act 2004 (No. 8 of 2004)), of the Taxes Consolidation Act 1997 (No. 39 of 1997), the Minister for the Environment, Heritage and Local Government having made a recommendation to me pursuant to that section, hereby order as follows: 1. This Order may be cited as the Taxes Consolidation Act 1997 (Qualifying Urban Renewal Areas) (H.A.R.P., Dublin) Order 2004. 2.

(1)In this Order — “Act” means the Taxes Consolidation Act 1997 (No. 39 of 1997); “classification” shall be construed in accordance with Schedule 3; “street” includes part of a street, one side of a street and the whole or part of any road, square, quay or lane.
(2)A classification set out in column
(1)of Schedule 3 shall be construed by reference to the matter in column
(3)of that Schedule opposite the mention of the classification concerned.
(3)In this Order — (
  1. a)a reference to a Schedule is to a Schedule to this Order, unless it is indicated that reference to some other Order or enactment is intended, and (
  2. b)a reference to a paragraph is a reference to a paragraph of the provision in which the reference occurs, unless indicated that reference to some other provision is intended. 3.
(1)Subject to paragraphs
(2)and
(3), the areas specified in Schedule 1, being areas marked on the map of parts of the city of Dublin, annexed to this Order, (which areas are shaded pink and delineated with a red line on that map and are within the boundary of the area to which the H.A.R.P. Integrated Area Plan relates) are, as respects the buildings and structures within such areas, designated as qualifying areas pursuant to section 372B of the Act.
(2)Subject to paragraph
(3), the designation of the areas designated by paragraph
(1)shall apply only for the purposes of the sections of the Act specified in column
(3)of Part 1 of Schedule 2 opposite the mention of the areas concerned.
(3)The designation of the areas referred to in paragraphs
(1)and
(2)shall apply only in respect of the classification of — (
  1. a)the purposes, (
  2. b)the categories of building or structure, or (
  3. c)the type of expenditure specified in column
(4)of Part 1 of Schedule 2 opposite the mention of the section concerned of the Act at that reference number. 4.
(1)Subject to paragraphs
(2)and
(3), each of the sites of buildings or structures fronting on to the North side of that part of the street which is marked with a purple line and numbered ‘27’, the East side of that part of the street which is marked with a purple line and numbered ‘28’, the North side of those parts of such streets which are marked with a purple line and numbered ‘29’ and ‘30’, both sides of those parts of the streets which are marked with a purple line and numbered ‘31’ and the West side of that part of the street which is marked with a purple line and numbered ‘32’, on the map of parts of the city of Dublin annexed to this Order, (which sites are within the boundary of the area to which the H.A.R.P. Integrated Area Plan relates) is designated as a qualifying area pursuant to section 372B of the Act.
(2)Subject to paragraph
(3), the designation of the sites designated as qualifying areas by paragraph
(1)shall apply only for the purposes of the sections of the Act specified in column
(3)of Part 2 of Schedule 2 opposite the mention of the sites concerned.
(3)The designation of the sites referred to in paragraphs
(1)and
(2)shall apply only in respect of the classification of — (
  1. a)the purposes, (
  2. b)the categories of building or structure, or (
  3. c)the type of expenditure specified in column
(4)of Part 2 of Schedule 2 opposite the mention of the section concerned of the Act at that reference number. 5.
(1)The qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects sections 372C and 372D, be construed as a reference to the period commencing on 1 July 1999 and ending on 31 December 2002, or where section 372A(1A) applies, ending on 31 July 2006.
(2)The qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AR, be construed as a reference to the period commencing on 1 March 1999 and ending on 31 December 2002, or where section 372AL
(2)applies, ending on 31 July 2006.
(3)Subject to paragraphs
(4)and
(5), the qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AP, be construed as a reference to the period commencing on 1 March 1999 and ending on 31 December 2002, or where section 372AL
(2)applies, ending on 31 July 2006.
(4)Subject to paragraph
(5), the qualifying period relating to the areas designated as qualifying areas by this Order shall, as respects section 372AP, and classifications of expenditure 9A and 9B, (which relate to that section) be construed as a reference to the period — (a) commencing on 5 December 2001 and ending on 31 December 2002, or where section 372AL
(2)applies, ending on 31 July 2006, (b) where subsection
(9)or
(10)of section 372AP applies, commencing on 1 March 1999 and ending on 31 December 2002, or where section 372AL
(2)applies, ending on 31 July 2006.
(5)Paragraph
(4)(
  1. b)shall not apply unless - (
  2. a)a contract for the purchase of the house had not been evidenced in writing by any person prior to 5 December 2001, but (
  3. b)a contract for the purchase of the house was evidenced in writing on or before 1 September 2002. SCHEDULE 1 (Areas designated as qualifying areas for purposes specified in Part 1 of Schedule 2) Areas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25 & 26. SCHEDULE 2 Part 1 Reference Number Area Reference Provision of Act for which area designated Classification
(1)
(2)
(3)
(4)
  1. Area 1 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372AR 5, 6 Section 372AP 7B Section 372AP 9A
  2. Area 2 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372AR 5, 6 Section 372AP 7B Section 372AP 9A
  3. Area 3 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372C 4
  4. Area 4 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372C 4 Section 372AR 5, 6 Section 372AP 9A, 9B
  5. Area 5 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372AR 6 Section 372AP 7B
  6. Area 6 Section 372D 1A, 1B, 2A, 2B, 3A, 3B
  7. Area 7 Section 372C 4
  8. Area 8 Section 372D 1A, 1B, 2A, 2B, 3A, 3B
  9. Area 9 Section 372AR 6 Section 372AP 7B
  10. Area 10 Section 372D 2A, 2B, 3A, 3B Section 372AR 5 Section 372AP 9A
  11. Area 11 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372AR 5, 6 Section 372AP 7B Section 372AP 9A
  12. Area 12 Section 372D 1A, 1B, 2A, 2B, 3A, 3B
  13. Area 13 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372AR 5, 6 Section 372AP 7B Section 372AP 9A
  14. Area 14 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372C 4 Section 372AR 5, 6 Section 372AP 7B Section 372AP 9A
  15. Area 15 Section 372D 2A, 2B, 3A, 3B Section 372AR 6 Section 372AP 7B
  16. Area 16 Section 372D 1A, 1B, 2A, 2B, 3A, 3B
  17. Area 17 Section 372D 2A, 2B, 3A, 3B Section 372AR 5 Section 372AP 9A
  18. Area 18 Section 372D 2A, 2B, 3A, 3B
  19. Area 19 Section 372AR 5 Section 372AP 9A
  20. Area 20 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372AR 5 Section 372AP 9A
  21. Area 21 Section 372D 2A, 2B, 3A, 3B Section 372AR 5 Section 372AP 9A
  22. Area 22 Section 372C 4
  23. Area 23 Section 372D 1A, 1B, 2A, 2B, 3A, 3B Section 372C 4
  24. Area 25 Section 372D 2A, 2B, 3A, 3B Section 372AR 5 Section 372AP 9A
  25. Area 26 Section 372D 2A, 2B, 3A, 3B Section 372AR 5 Section 372AP 9A Part 2 Reference Number Area Reference Provision of Act for which area designated Classification
(1)
(2)
(3)
(4)1. Areas designated by Article 4 Section 372AR 6 Section 372AP 9B SCHEDULE 3 (Explanation of Classifications in column
(4)of Schedule 2) Classification Section of Act Purpose, category or type of expenditure to which classification relates
(1)
(2)
(3)1A Section 372D The construction of multi-storey car parks. 1B Section 372D The refurbishment of multi-storey car parks. 2A Section 372D The construction of buildings or structures which consist of office accommodation. 2B Section 372D The refurbishment of buildings or structures which consist of office accommodation. 2C Section 372D The refurbishment of the facade of a building or structure or part of a building or structure which consists of office accommodation. 3A Section 372D The construction of buildings or structures other than multi-storey car parks and offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their construction relates to the construction of office accommodation. 3B Section 372D The refurbishment of buildings or structures other than multi-storey car parks and offices, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their refurbishment relates to the refurbishment of office accommodation. 3C Section 372D The refurbishment of the facade of a building or structure or a part of a building or structure other than a multi-storey car park or office, and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on its refurbishment relates to the refurbishment of office accommodation. 4 Section 372C The construction or refurbishment of a building or structure to which section 372C applies. 5 Section 372AR The construction of a qualifying premises within the meaning of Chapter 11 of Part 10 of the Act. 6 Section 372AR The conversion into, or the refurbishment of, a qualifying premises within the meaning of Chapter 11 of Part 10 of the Act. 7A Section 372AP Expenditure incurred on the construction of a house. 7B Section 372AP Conversion expenditure or refurbishment expenditure incurred in relation to a house. 9A Section 372AP Expenditure incurred on the construction of a house, but only in so far as it relates to expenditure incurred on the construction of a house — (a) on or after 5 December 2001, or (b) where subsection
(9)or
(10)of section 372AP applies, prior to that date, but only if — (
  1. i)a contract for the purchase of the house had not been evidenced in writing by any person prior to that date, but (
  2. ii)a contract for the purchase of the house is evidenced in writing on or before 1 September 2002. 9B Section 372AP Conversion expenditure or refurbishment expenditure incurred on a house, but only in so far as it relates to such expenditure incurred — (
  3. a)on or after 5 December 2001, or (
  4. b)where subsection
(9)or
(10)of section 372AP applies, prior to that date, but only if — (
  1. i)a contract for the purchase of the house had not been evidenced in writing by any person prior to that date, but (
  2. ii)a contract for the purchase of the house is evidenced in writing on or before 1 September 2002. GIVEN under my Official Seal, 24th of September 2004. Charlie McCreevy Minister for Finance. EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation). This order provides for the designation of certain areas in H.A.R.P, Dublin as qualifying areas for the purposes of the Urban Renewal Scheme. Under this scheme relief is available in respect of expenditure incurred in the qualifying period on the construction or refurbishment of certain industrial and commercial buildings or structures located in qualifying areas. Relief is also available for expenditure incurred in the qualifying period on the construction, conversion or refurbishment of residential accommodation which is situated in such areas. The relief(
  3. s)which apply in relation to each area and the qualifying period which applies in relation to each relief is as specified in this order. The numbering system used in the order in relation to classifications of expenditure etc. follows closely the numbering system used in the booklet “Incentives Recommended by Expert Panel on Urban Renewal” previously issued by the Department of the Environment, Heritage and Local Government. The incentives, which were originally introduced in the Finance Act 1998 , are now contained in Chapters 7 and 11 of Part 10 of the Taxes Consolidation Act 1997 . Notwithstanding this Order, by virtue of section 372B
(4)of the Taxes Consolidation Act 1997 and section 11 of the Urban Renewal Act 1998 , no relief from income tax or corporation tax may be granted under the Urban Renewal Scheme in respect of the construction, conversion or refurbishment of a building, structure or house within a qualifying area unless the relevant local authority, in whose functional area the qualifying area is located, has certified that the construction, conversion or refurbishment is consistent with the objectives of the Integrated Area Plan in relation to that area. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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