Finance Act 2006
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Capital allowances for qualifying private hospitals. |
35.— (1) Chapter 1 of Part 9 of the Principal Act is amended— | |
(a) in section 268(2A) in the definition of “qualifying hospital”— | ||
(i) by deleting “(within the meaning of the Tobacco (Health Promotion and Protection) Regulations, 1995 ( S.I. No. 359 of 1995 ))”, | ||
(ii) in paragraph (f)— | ||
(I) in subparagraph (xiii), by deleting “and”, | ||
(II) in subparagraph (xiv), by inserting “and” after “paediatric,” and | ||
(III) by inserting the following after subparagraph (xiv): | ||
“(xv) mental health services (within the meaning of the Mental Health Act 2001 ),”, | ||
(iii) by inserting the following after paragraph (f): | ||
“(fa) in the case of a building or structure which— | ||
(i) is first used on or after 1 February 2007, or | ||
(ii) where capital expenditure on the refurbishment of the building or structure is incurred, is, subsequent to the incurring of that expenditure, first used on or after 1 February 2007, | ||
provides to the Health Service Executive relevant data, for onward transmission to the Minister for Health and Children and the Minister for Finance, in relation to— | ||
(I) the amount of the capital expenditure actually incurred on the construction or refurbishment of the building or structure, | ||
(II) the number and nature of the investors that are investing in the building or structure, | ||
(III) the amount to be invested by each investor, and | ||
(IV) the nature of the structures which are being put in place to facilitate the investment in the building or structure, | ||
together with such other information as may be specified by the Minister for Finance, in consultation with the Minister for Health and Children, as being of assistance in evaluating the costs, including but not limited to exchequer costs, and the benefits arising from the operation of tax relief under this Part for qualifying hospitals,”, | ||
(iv) by substituting the following for paragraph (h): | ||
“(h) in respect of which the Health Service Executive, in consultation with the Minister for Health and Children and with the consent of the Minister for Finance, gives an annual certificate in writing during the period of— | ||
(i) 10 years beginning with the time referred to in section 272(4)(ga)(i), or | ||
(ii) as respects a building or structure which is first used on or after 1 February 2007, 15 years beginning with the time when the building or structure was first used, or | ||
(iii) where capital expenditure on the refurbishment of a building or structure is incurred and, subsequent to the incurring of that expenditure, the building or structure is first used on or after 1 February 2007, 15 years beginning with the time when the building or structure was first used subsequent to the incurring of that expenditure, | ||
stating that it is satisfied that the hospital complies with the conditions mentioned in paragraphs (a), (c), (d), (e), (f), (fa) and (g),”, | ||
and | ||
(v) in paragraph (I) by inserting “subject to paragraph (II),” before “includes”, | ||
(b) in section 272(4)— | ||
(i) by deleting “and” at the end of paragraph (g), | ||
(ii) by inserting the following after paragraph (g): | ||
“(ga) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (j) of section 268(1)— | ||
(i) 7 years beginning with the time when the building or structure was first used, or | ||
(ii) as respects a building or structure which is first used on or after 1 February 2007, 15 years beginning with the time when the building or structure was first used, or | ||
(iii) where capital expenditure on the refurbishment of the building or structure is incurred and, subsequent to the incurring of that expenditure, the building or structure is first used on or after 1 February 2007, 15 years beginning with the time when the building or structure was first used subsequent to the incurring of that expenditure, | ||
and”, | ||
and | ||
(iii) in paragraph (h) by deleting “(j) or”, | ||
and | ||
(c) in section 274(1)(b)— | ||
(i) by deleting “and” at the end of subparagraph (vi), | ||
(ii) by inserting the following after subparagraph (vi): | ||
“(via) in relation to a building or structure which is to be regarded as an industrial building or structure within the meaning of paragraph (j) of section 268(1)— | ||
(I) 10 years after the building or structure was first used, or | ||
(II) as respects a building or structure which is first used on or after 1 February 2007, 15 years after the building or structure was first used, or | ||
(III) where capital expenditure on the refurbishment of the building or structure is incurred and, subsequent to the incurring of that expenditure, the building or structure is first used on or after 1 February 2007, 15 years after the building or structure was first used subsequent to the incurring of that expenditure, | ||
and”; | ||
and | ||
(iii) in subparagraph (vii)— | ||
(I) by deleting “(j) or”, and | ||
(II) by substituting “10 years after” for “10 years beginning with the time when”. | ||
(2) (a) Paragraph (a)(i) of subsection (1) is deemed to have applied as on and from 29 March 2004. | ||
(b) Paragraph (a)(ii) of subsection (1) applies as respects capital expenditure incurred on or after 1 January 2006. | ||
(c) Paragraph (c)(iii)(II) of subsection (1) is deemed to have applied as on and from 15 May 2002. |