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Article 199 sexvicies of the General Tax Code

Modified by LAW n ° 2016-1917 of December 29, 2016 - art. 69

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"I. - Taxpayers domiciled in France within the meaning of Article 4 B may benefit from an income tax reduction in respect of the acquisition, from January 1, 2009 until December 31, 2017, new housing or housing in the future state of completion or housing completed for at least fifteen years having been the subject of rehabilitation or renovation or which is the subject of rehabilitation work or renovation if the rehabilitation or renovation work allows, after completion, to meet all the technical performance mentioned in II of article 2 quindecies B of appendix III , which they intend for a furnished rental n '' not being exercised in a professional capacity and the proceeds of which are taxed in the category of industrial and commercial profits when this accommodation is included in:

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1 ° An establishment mentioned in 6 ° or 7 ° of I of Article L. 312-1 of the Social Action and Families Code , a residence with services for the elderly or disabled who have obtained "quality" approval referred to in Article L. 7232-1 of the Labor Code or all the housing units assigned to the salaried family care of elderly or disabled people, provided for by Articles L. 444-1 to L. 444-9 of the Code social action and families managed by a social or medico-social cooperation group;

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2 ° A residence with services for students;

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3 ° (repealed); (1)

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4 ° An establishment providing long-term care, mentioned in the tenth paragraph of 3 ° of Article L. 6143-5 of the Public Health Code, and including accommodation, to people who do not have their living autonomy whose condition requires constant medical supervision and maintenance treatment.

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II. - The tax reduction is calculated on the cost price of housing retained for its fraction less than € 300,000. When it is acquired for housing completed for at least fifteen years and which is the subject of rehabilitation work, it is calculated on the acquisition price plus the amount of this work.

The rate of the tax reduction is 25% for housing acquired in 2009 and 2010, 18% for housing acquired in 2011 and 11% for those acquired from 2012.

However, for housing acquired in 2012, the rate of the tax reduction remains set at 18% for acquisitions for which the taxpayer can prove that he has made, no later than December 31, 2011, the commitment to achieve a real estate investment. As a transitional measure, the commitment to make a real estate investment can take the form of a reservation, provided that it is registered with a notary or with the tax service before December 31, 2011 and that the authentic deed has been signed. later March 31, 2012.

When the accommodation is held in joint ownership, each joint owner benefits from the tax reduction within the limit of the share of the cost price, increased where applicable by the expenses of rehabilitation work, corresponding to his rights in joint ownership.

The tax reduction is spread over nine years.

For housing acquired new, in the future state of completion or completed for at least fifteen years and having been the subject of rehabilitation, it is granted for the year of completion of the housing or that of its acquisition if it is subsequent, and charged to the tax due for that same year then to the tax due for each of the following eight years at the rate of one-ninth of its total amount for each of these years.

For dwellings completed for at least fifteen years and which are the subject of rehabilitation work, it is granted for the year of completion of this work and charged to the tax due for that same year then to the tax due in respect of each of the eight following years at the rate of one ninth of its total amount in respect of each of these years.

When the fraction of the tax reduction attributable for a tax year exceeds the tax due by the taxpayer for that same year, the balance may be charged against the tax due for the following years until 'to the sixth year inclusive.

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III. - The owner must undertake to rent the accommodation for at least nine years to the operator of the establishment or residence. This rental must take effect in the month following the date:

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1 ° completion of the building or its acquisition if it is subsequent, for housing acquired new or in the future state of completion;

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2 ° acquisition for new housing completed for at least fifteen years and having been the subject of rehabilitation;

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3 ° completion of works for dwellings completed for at least fifteen years and which are the subject of rehabilitation works.

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In the event of non-compliance with the commitment to rent or transfer the accommodation, the reduction applied is reversed for the year in which the commitment or transfer was terminated. However, in the event of disability corresponding to classification in the second or third of the categories provided for in Article L. 341-4 of the Social Security Code , dismissal or death of the taxpayer or of one of the spouses subject with common taxation, the tax reduction is not included.

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The reduction is not applicable in respect of dwellings whose property rights are dismembered. However, when the transfer of ownership of the property or the dismemberment of this right results from the death of one of the spouses subject to joint taxation, the surviving spouse who is the beneficiary of the property or holder of his usufruct may request the repossession for his benefit, in the same conditions and according to the same modalities, the benefit of the reduction provided for in this article for the period remaining to run on the date of death.

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IV. - A taxpayer may not, for the same dwelling, benefit both from the tax reductions mentioned in Articles 199 undecies A and 199 undecies B and from the provisions of this article. "

Article 261 D of the General Tax Code

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"The following are exempt from value added tax:

1 ° Rental of land and buildings for agricultural use;

2 ° Rental of undeveloped land and bare premises, with the exception of spaces for parking vehicles; however, these provisions do not apply when the leases constitute for the lessor a means of continuing, in another form, the exploitation of a commercial asset or of increasing its outlets or when the lessor participates in the results of the company. tenant;

3 ° Leases or concessions of rights relating to the buildings referred to in 1 ° and 2 ° insofar as they come under the management of a land heritage.

4 ° Occasional, permanent or seasonal rentals of furnished or furnished accommodation for residential use. However, the exemption does not apply:

at. Accommodation services provided in classified tourist hotels, classified or approved holiday villages and classified tourist residences when the latter are intended for tourist accommodation and are rented by a contract for a period of at least nine years to an operator who has taken out a commitment to promote tourism abroad under the conditions set by a decree in the Council of State;

b. Services for the provision of furnished or furnished premises carried out against payment and in the usual manner, including in addition to accommodation at least three of the following services, provided under conditions similar to those offered by accommodation establishments of a hotel character operated in a professional manner: breakfast, regular cleaning of the premises, supply of household linen and reception, even non-personalized, of customers.

vs. Rental of bare, furnished or furnished premises granted by commercial lease to the operator of an accommodation establishment who meets the conditions set out in a or b.

d. Accommodation services provided in residential tourist villages, when the latter are intended for tourist accommodation and are rented by a contract for a period of at least nine years to an operator, under conditions fixed by decree in the Council of State. These residential tourist villages are part of a leisure property rehabilitation operation defined by article L. 318-5 of the town planning code.

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