S.I. No. 28/1987:

CAPITAL ACQUISITIONS TAX (HERITAGE HOUSES AND GARDENS) REGULATIONS, 1987.

CAPITAL ACQUISITIONS TAX (HERITAGE HOUSES AND GARDENS) REGULATIONS, 1987.

The Revenue Commissioners, in exercise of the powers conferred on them by section 71 of the Capital Acquisitions Tax Act, 1976 (No. 8 of 1976), hereby make the following Regulations:

1. These Regulations may be cited as the Capital Acquisitions Tax (Heritage Houses and Gardens) Regulations, 1987.

2. These Regulations shall apply to a house or garden to which, by virtue of section 39 of the Finance Act, 1978 (No. 21 of 1978), section 55 of the Capital Acquisitions Tax Act, 1976 (No. 8 of 1976), applies.

3. These Regulations shall have effect in relation to any gift or inheritance taken on or after the 1st day of February, 1987.

4. Without prejudice to the generality of section 39 (which provides for the extension of section 55 of the Capital Acquisitions Tax Act, 1976 ) of the Finance Act, 1978 , the provision of facilities for the viewing by members of the public of a house or garden shall not be regarded as reasonable in relation to any year, which is the year 1987 or any subsequent year and which is taken into account for the purposes of subsections (1) (b) and (1) (c) of the said section 39, unless, in the opinion of the Revenue Commissioners--

(a) subject to such temporary closure necessary for the purpose of the repair, maintenance or restoration of the house or garden as is reasonable, access to the house or garden is afforded for not less than ninety days (including not less than sixty days during the period commencing on the 1st day of May and ending on the 30th day of September) in that year;

(b) on each day on which access to the house or garden is afforded, the access is afforded in a reasonable manner and at reasonable times for a period, or periods in the aggregate, of not less than four hours;

(c) access to the whole or to a substantial part of the house or garden is afforded at the same time;

(d) the price, if any, paid by members of the public in return for that access is reasonable in amount and does not operate to preclude members of the public from seeking access to the house or garden; and

(e) adequate notice of the right of access to the house or garden and of the price, if any, payable for such access is given, by advertisement or otherwise, to members of the public.

GIVEN this 28th day of January, 1987.

L. REASON,

Revenue Commissioner.

EXPLANATORY NOTE.

These Regulations, which affect gifts and inheritances taken on or after the 1st of February, 1987, specify the minimum facilities for viewing by the public which will be regarded by the Revenue Commissioners as reasonable on a claim being made to them for exemption from capital acquisitions tax of a heritage house or garden.