Section 23 Relief
13/11/1990
Query
Where two or more units of two or more storeys have a common or shared external entrance, are the units regarded as a maisonette
Decision
Such units are regarded as a maisonette
Income Tax
Section 325, Taxes Consolidation Act, 1997
Origin: RLS Division
File ref:IT903009
15/02/1991
Query
Where a qualifying premises is purchased by a bare trust on behalf of more han one partner, is each partner entitled to his/her proportionate share of the the relief under section 23
Decision
Yes
Income Tax
Section 325, Taxes Consolidation Act, 1997
Origin: RLS Division
File ref:IT913006
18/02/1991
Query
Can a deduction allowable under section 23 be carried forward for more than 10 years if it exceeds the Case V profits in those 10 years
Decision
Yes
Income Tax
Section 325, Taxes Consolidation Act, 1997
Origin: RLS Division
File ref:IT913051
22/04/1991
Query
Where a property is purchased in joint names, how is relief apportioned
Decision
Each party is entitled to treat his/her share of the expenditure as a deduction under section 97. Where a party has a life interest in the income from the property, that person's deduction is still confined to his/her share of the qualifying expenditure.
Income Tax
Section 329, Taxes Consolidation Act, 1997
Origin: RLS Division
File ref:IT913015
20/05/1992
Query
Does the use of a house by a builder as a show house prevent it from being a qualifying premises for the purposes of section 23 relief.
Decision
No
Income Tax
Section 325, Taxes Consolidation Act, 1997
Origin: RLS Division
File ref:IT923032