I. – Communes and their public establishments for inter-communal cooperation with their own tax status may, by a general deliberation taken under the conditions defined in article 1639 A bis, exempt establishments whose main activity is the retail sale of phonograms from business property tax.
II. – To benefit from the exemption provided for in I, an establishment must, during the reference period mentioned in article 1467 A, belong to a company that satisfies the following conditions:
1° The company is a small or medium-sized enterprise within the meaning of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty;
2° At least 50% of the company’s capital is held, on a continuous basis:
a) By natural persons;
b) Or by a company meeting the conditions set out in 1° and 3° and at least 50% of whose capital is held by natural persons;
3° The company is not linked to another company by a contract provided for in Article L. 330-3 of the French Commercial Code.
III. – In order to benefit from the exemption provided for in I, companies shall submit a request, within the time limits provided for in article 1477, to the tax department responsible for each of the establishments concerned. If this application is not filed within these time limits, the exemption is not granted for the year concerned.
The exemption applies to items falling within its scope and declared within the time limits set out in article 1477.
IV. – The exemption provided for in I is subject to compliance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.