An implementing Decree No. 2001 - 1369 of December 31, 2001, relative to the entry into force of decrees and orders abstract the A of 1 of section 19 of the finance law for 2001 (December 30, 2000 2000-1352) provides a new tax benefit for individuals who make between January 1, 2001 and December 31, 2006, certain investments in the overseas territories and departments in the Community Department of Mayotte, in the local Government of St. Pierre and Miquelon, New Caledonia, thus, article 199 undecies A of the general tax, directly from this text code, establishes a tax cut for taxpayers who acquire or build a new home that they affect to their residence for a period of five years or they give no rental for the same duration to individuals other than their spouse or a member of their household, making it their primary residence. The benefit of this measure applies also in the case of subscription to the capital of companies whose purpose is to build or acquire housing. It finally applies to subscriptions in cash to the capital of companies of regional development of the overseas departments or companies subject to the tax on companies that make new investments overseas or are dealers of public services, as well as, under certain conditions, to subscriptions to the capital of companies in difficulties. The rate of reduction of tax, set at 25%, is increased to 40% for investments made in the intermediate rental sector. In addition to a commitment from rental of the building within six months of its completion or its acquisition if it is later, during six years at least to people who make their main living under 1 to 6 of article 199 undecies A of the general tax code, the 2nd of 6 of the same article provides that to benefit from the reduction of income tax at the rate of 40%, the rent and the tenant resources should not exceed limits fixed by Decree. Article 1 of this Decree plans to insert items 46 undecies to 46 m AG AG in annex III to the general tax code. These articles set including the ceilings of rent and applicable resources and the conditions in which the contract is carried. The annual ceilings of rent that it is proposed to set at 120 per square metre for the French overseas departments and the Department of Mayotte community and 160 for the overseas territories, the territorial community of St. Pierre and Miquelon and the New Caledonia correspond to the updated amounts of the ceilings established in 1996 for the application of the measure in force until December 31, 2000. The higher level of rents for the overseas territories, the territorial community of St. Pierre and Miquelon and the New Caledonia is justified by a greater construction cost in these territories and communities. Maximum resources of the tenant, also set by updating of ceilings under the previous scheme, would be 21 350 for a single person and 42 700 for a married couple subject to common tax. As previously, ceiling increases are proposed in order to encourage the housing for families. These ceilings would be reviewed annually, on 1 January, in the same proportion as the highest variation in the average annual index of prices to the consumer of each of the four overseas departments for dwellings in these departments and on Mayotte, French Polynesia and New Caledonia for housing located in the overseas territories St. Pierre and Miquelon and Nouvelle-caledonie.enfin, this ce decret order fixed special declarative obligations of taxpayers who wish to benefit from the provisions of the of the 1 of article 19 of the above-mentioned law.
Keywords ECONOMY, FINANCE, GENERAL TAX CODE, CGI, TAX, TAX, INVESTMENT, HELPS the STATE, INCOME, INVESTMENT RENTAL, ACCOMMODATION, HOUSING, RENTAL, TENANT, PART OF the STATE, RESIDENT, DEPARTMENT of overseas, overseas TERRITORY, DOM - TOM, MAYOTTE, St Pierre and Miquelon, NEW CALEDONIA, POLYSENIE FRENCH, TAX CREDIT, RATE, AMOUNT, EURO, ADAPTATION, PASSAGE to the EURO, VALUE IN EURO, CURRENCY UNIQUE JORF n ° 1, January 1, 2002, page 26 text no. 10 DECREE Decree No. 2001-1373 of December 31, 2001 taken for the application of article 199 undecies has the code General tax reduction of tax on income for some investments overseas NOR: ECOF0100036D ELI: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/ECOF0100036D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/2001-1373/jo/texte Prime Minister, on the report of the Minister of economy, finance and industry, given the general code of taxes , including his article 199 undecies and Appendix III to this code, decrees: Article 1 more on this article...
3 ° of section III of chapter I of title I of part I of book I of annex III to the general tax code is supplemented by articles 46 undecies to 46 m AG AG thus written: 'art. 46 AG undecies. (-For the purposes of paragraph 3 of the 7 of article 199 undecies A of the general tax code, the staff of public or private agencies, housing subtenant, means persons employed by these organizations and whose main remuneration fall into the category of salaries and wages within the meaning of article 79 of the general tax code, except: has) of the owner of the accommodation spouse, members of his household or his ascendants or descendants;
(b) spouses, members of the household or descendants or ascendants of the members of the companies referred to in article 8 of the aforementioned code.
'Art. 46 k AG. -For the application of the 2 ° of article 6 199 undecies A of the general code of taxes, rent and the tenant resources ceilings are the following: 1. for leases entered into in 2001, annual rent ceilings, charges not included, are fixed per square meter of living space to: (1) 120 EUR in the overseas departments and in the departmental community of Mayotte. This ceiling is revised each year, January 1, in the same proportion as the highest variation of the annual average of the price indices for consumption off tobacco from each of the four French overseas departments;
(2) 160 EUR in the overseas territories, the territorial community of St. Pierre and Miquelon and in New Caledonia. This ceiling is revised each year, January 1, in the same proportion as the highest variation of the annual average of the indices of prices to the consumer of French Polynesia and New Caledonia.
For the calculation of the ceilings shall apply: has) in the departments of overseas and in the departmental community Mayotte, the last annual published by the national Institute of statistics and economic studies on 1 December of the year preceding that of the conclusion of the lease.
(b) in territories overseas and territorial community of St. Pierre and Miquelon, the last annual published by the Statistics Institute of French Polynesia to December 1 of the year preceding that of the conclusion of the lease;
(c) in New Caledonia, the last annual published by the territorial Institute of statistics and economic studies to December 1 of the year preceding that of the conclusion of the lease.
2. the resources of the tenant agree professional expenses net income appearing on its tax notice established in respect of the income of the year preceding the conclusion of the lease or, failing that, of the previous year.
For leases entered into in 2001, the annual limits of resources are fixed at EUR 21 350 for a single person and to EUR 42 700 for a married couple subject to common tax. These amounts are increased from EUR 2 470 per person dependent within the meaning of articles 196 to 196 B of the general tax code. This increase is fixed at 3 300 EUR per child from the third. These amounts are collected each year according to the terms stated in the 1.
3. in the case referred to in the third paragraph of article 7 199 undecies A of the general code of taxes, the conditions 1 and 2 are taking into account the amount: has) of rent paid to the lessor by the body tenant;
(b) rent paid to that body by the sub-tenant;
(c) resources of the subtenant.
'Art. 46 l AG. -The surface to be taken into account for the application of the provisions of the article 5 199 undecies A of the general code of taxes and the 1 of article 46 AG k refers to the living area within the meaning of article r 111 - 2 of the code of construction and housing. It is however considered the surface of the verandas in a maximum limit of 14 square meters.
'Art. 46 m AG. -The taxpayer must attach to its statement of income for the year in respect of which the benefit of the tax reduction he asks the following documents:
«I. - where the new home is destined to become his main house: "1. commitment provided for in the a of 2 of article 19 undecies A of the general tax code which includes the following:" (a) the identity and address of the taxpayer;»»»
"(b) the address and the surface area of the dwelling concerned;
"(c) the cost or the purchase price of the supported housing of receipts;
"(d) the date of completion of the accommodation or its acquisition later;
"2. a copy of the notification of the order issuing the permit to build when it comes to housing that the taxpayer had built.
"II.-when housing nine is for rent:" 1 commitment provided for in the b 2 or 1 to 6 of article 199 undecies has general code of taxes that the elements defined in the a, b, c and d of the I as well as, when the property is rented to a public body or private residential main staff housing. , the name of the subtenant and the name and address of his employer;
"2. a copy of the notification of the order issuing the permit to build when it comes to housing that the taxpayer had built;
"3. a copy of the lease;
"4. a copy of the notice of taxation or non-taxation of the tenant or the sub-tenant relating to income for the year referred to in the first paragraph of the article 46 AG k 2 when the lease is granted under the conditions of 2 ° to 6 of article 199 undecies A of the general tax code."
"If a lease is not signed at the date of subscription of the above-mentioned declaration, the documents listed at the 1, 3 and 4 are attached to the declaration of the year during which the lease is signed. It is similarly in case of change of tenant or subtenant for the duration of the commitment referred to in the 1.
"III. - when the home is built by a company, the declarative obligations under the II is responsible for the company. The documents are sent with the statement of completion within six months of the completion of the housing in the direction of tax to which the company subscribes his statement of results.
"Society delivers in duplicate to each Subscriber a document attesting that the rental and, where applicable, the sublease fill the conditions provided for in articles 46 AG undecies to 46 AG 125f. The Subscriber in enclosed a copy to his income tax return for the year during which the lease is signed. ' Article 2 more on this article...
The Minister of economy, finance and industry and the Secretary of State for the budget are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, on 31 December 2001.
Lionel Jospin by the Prime Minister: the Minister of economy, finance and industry, Laurent Fabius, the Secretary of State for the budget, Florence Parly