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A Future for Irish Historic Houses - Irish Heritage Trust

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- The gardens are another outstanding feature. They are recognised<br />

internationally as important botanical and horticultural resources.<br />

- The park also contains what was once the largest telescope in the world, as<br />

well as possibly the earliest example of a wrought iron suspension bridge<br />

in the world, a turbine house where electricity was generated as early as<br />

1879 and reputedly the world’s earliest surviving photographic darkroom.<br />

While the castle is internally in good condition, its owners do claim that much<br />

remains to be done to the fabric:<br />

- There are serious ongoing problems with damp, particularly on the top<br />

storey, as a result of a leaking roof.<br />

- There is a consequential problem with collapsing interior plasterwork.<br />

- The workshop tower and the whole of the east wall require urgent<br />

attention.<br />

The present owner contends that of much greater import is the fact that the whole<br />

future of the castle is threatened by the capital gains tax implications of the legal<br />

structure in which it has been placed. Like many properties in the past, Birr was<br />

placed in a company with sufficient supporting assets to maintain the property and,<br />

arguably, as a means of avoiding taxation. The shares of the company were placed in<br />

a discretionary trust to facilitate the succession of generations.<br />

The continued existence of Birr is now, it is argued, dependent upon the life of Lord<br />

Rosse, whose death will trigger a discretionary trust tax liability of several million<br />

euro in the fist year, and several hundred thousand in each year following (at 6 per<br />

cent initially and 1 per cent annually thereafter on the total value of the gross estate.)<br />

To reconstruct now would be enormously expensive and any reconstruction would<br />

almost certainly be at the expense of assets, which, in turn, only leads to the continued<br />

decline of the historic and cultural worth of the property. Possibly the only means of<br />

safeguarding Birr at this stage would be to grant it some <strong>for</strong>m of exemption from the<br />

above discretionary trust tax liability of to provide the trust with charitable status.<br />

78

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