S.I. No. 294 of 2004

Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Ballyshannon, County Donegal) Order 2004.

I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 372AB (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, (that Minister having considered a Town Renewal Plan submitted to him by Donegal County Council), hereby order as follows:

1. This Order may be cited as the Taxes Consolidation Act 1997 (Qualifying Town Renewal Areas) (Ballyshannon, County Donegal) 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 5.

(2) A classification set out in column (1) of Schedule 5 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-

(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

(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 sites specified in Schedule 1, being sites marked on the map of the town of Ballyshannon, County Donegal, annexed to this Order (each of which is shaded blue and delineated with a red line on that map and is within the boundary of the Ballyshannon Town Renewal Plan Area) are designated as qualifying areas pursuant to section 372AB of the Act.

(2) Subject to paragraph (3) the designation of the sites designated by paragraph (1) shall apply only for the purposes of the sections of the Act specified in column (3) of Schedule 3 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--

(a) the purposes,

(b) the categories of building or structure, or

(c) the type of expenditure

specified in column (4) of Schedule 3 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 areas specified in Schedule 2 being areas marked on the map of the town of Ballyshannon, County Donegal, annexed to this Order (each of which is shaded green and delineated with a red line on that map and is within the boundary of the Ballyshannon Town Renewal Plan Area) are, as respects the buildings and structures within such areas, designated as qualifying areas pursuant to section 372AB 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 Schedule 4 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--

(a) the purposes,

(b) the categories of building or structure, or

(c) the type of expenditure

specified in column (4) of Schedule 4 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 372AC and 372AD, be construed as a reference to the period commencing on 6 April 2001 and ending on 31 December 2004, or where section 372AA(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 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) 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 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) 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 6A and 6B, (which relate to that section) be construed as a reference to the period --

(a)  commencing on 5 December 2001 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006,

or

(b)  where subsection (9) or (10) of section 372AP applies, commencing on 24 July 2000 and ending on 31 December 2004, or where section 372AL(1A) applies, ending on 31 July 2006.

(5) Paragraph (4)(b) shall not apply unless -

(a) a contract for the purchase of the house had not been evidenced in writing by any person prior to 5 December 2001, and

(b) a contract for the purchase of the house was evidenced in writing on or before 1 September 2002.

SCHEDULE 1

(Sites designated as qualifying areas for purposes specified in Schedule 3)

Sites 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55 and 56.

SCHEDULE 2

(Areas designated as qualifying areas for the purposes specified in Schedule 4)

Areas 14, 23 and 28.

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

(Explanation of Classifications in column (4) of Schedules 3 and 4)

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, under section 372AB of the Taxes Consolidation Act, 1997 , of certain areas in Ballyshannon, County Donegal, as qualifying areas for the purposes of certain tax reliefs under the Town Renewal Scheme.

The areas in question are areas which have been recommended for selection by the Minister for the Environment, Heritage and Local Government under section 6 and section 6A (as inserted by section 25(2) Finance Act, 2002) of the Town Renewal Act, 2000 . All the areas involved were the subject of a Town Renewal Plan prepared in accordance with section 3 of that Act. The tax reliefs which apply in relation to each such area are outlined in the Schedules to the Order.

Notwithstanding this Order, by virtue of section 372AB(4) of section 7 of the Town Renewal Act, 2000 , no relief from income tax or corporation tax may be granted under the Town Renewal Scheme in respect of the construction, conversion or refurbishment of a building, structure or house unless the relevant county council has certified that the construction, conversion or refurbishment is consistent with the objectives of the Town Renewal Plan for the area.