Key Benefits:
Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister Delegate to the Budget and Budget Reform,
Given the Civil Code, In particular its Article 1699;
In view of the general tax code, in particular Articles 150 VA, 150 VB and 150 VG and Annex III to that code, in particular Articles 38 e GA and 255 of the
Appendix III to the General Tax Code is modified as follows:
A. -In the second paragraph of Article 38 (1) GA, the words'150 A to 150 S' shall be replaced by the words'150 U 150 VH'.
B.-After Article 41 duovicies G, the articles 41 duovicies H and 41 duovicies I are inserted. :
" Art. 41 duovicies H.-For the purposes of application of Article 150 VA of the General Income Tax Code, the costs incurred by the seller on the occasion of the assignment may be allowed to decrease the transfer price only if the amount is justified. They agree exclusively:
"1 ° A fee paid to an intermediary or an agent;
" 2. Costs related to certifications and diagnoses required by the legislation in force on the day of the assignment;
" 3 ° Eviction indemnities paid to the lessee by the owner selling the leased property free of occupancy;
"4 ° Fees paid to an architect for the purpose of obtaining prior agreement to a building permit;
" 5 ° Costs incurred by the vendor of a building for the purpose of obtaining from a creditor the release of the mortgage on that building.
" Art. 41 duovicies I.-I.-For the application of Article 150 VB of the General Income Tax Code, the costs incurred by the seller in the acquisition of the transferred property may only be allowed in advance of the purchase price if the amount is Justified. They shall exclusively agree:
" 1 ° Where the property or right assigned has been acquired free of charge, the transfer fees paid and the fee for deed and declaration relating to that property or right, as well as, where applicable, the cost of postage stamps and Land advertising. Transfer rights shall be taken into account as a proportion of the fraction of their representative value of the goods or rights;
" 2 ° Where the property or right assigned has been acquired for consideration, the costs and costs of the contract as provided for in the Article 1699 of the Civil Code and the rights of registration or VAT actually incurred by the taxpayer.
" II. -Where the transfer relates to a part of a property or a right in immovable property, the acquisition costs shall be taken into account in the same proportion as the acquisition price itself. "
C.-Article 255 shall be supplemented by a sentence worded as follows:" It shall include, where appropriate, the particulars provided for in the III of Article 150 VG of the General Tax Code. ".
Order No. 76-1241 dated December 29, 1976 and section 41 duovicies from Schedule III to the General Tax Code are repealed.
The Minister of Economy, Finance and Industry and the Minister responsible for the Budget and Budget Reform are responsible for each The execution of this Decree, which shall be published in the Official Gazette of the French Republic.
Done at Paris, 31 December 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Associate Minister at Budget
and Budget Reform,
Alain Lambert
The Minister of Economy,
Finance and Industry,
Francis Mer
