S.I. No. 324 of 2006

Order

entitled

Finance Act 2006 (Commencement of Section 29(1)) Order 2006

Made by the Minister for Finance

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by section 29(2) of the Finance Act 2006 (No. 6 of 2006), hereby order as follows:

1.     This Order may be cited as the Finance Act 2006 (Commencement of Section 29(1)) Order 2006.

2.     The 26 of June 2006 is appointed as the day on which section 29 of the Finance Act 2006 (No. 6 of 2006) comes into operation.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order appoints 26 June, 2006 as the date for the coming into operation of section 29(1) of the Finance Act 2006 (No. 6 of 2006). That section allows, subject to certain conditions, for an extension of the qualifying period from 31 July 2006 to 31 July 2008 for the scheme of capital allowances for qualifying multi-storey car parks outside of Cork and Dublin.

The section provides that expenditure incurred after 31 July 2006 and before 1 January 2007 can qualify for relief where the existing condition, whereby 15 per cent of total project costs were incurred by 30 September 2003 and the relevant local authority certified this by 31 December 2003, was satisfied. Expenditure incurred from 1 January 2007 to 31 July 2008 can also qualify for relief where the existing condition was satisfied and work to the value of at least 15 per cent of the actual construction or refurbishment costs is carried out by 31 December 2006.

By virtue of the provisions of section 26 of the Finance Act 2006 the amount of any capital expenditure attributable to the year 2007 and to the period 1 January 2008 to 31 July 2008 is subject to the respective reductions to 75 per cent and 50 per cent of the relevant amount for the period involved.