The departmental councils of the overseas departments may, by deliberation, exempt from land registration tax or registration duty transfers of co-ownership shares in classified hotels, tourist residences or holiday villages acquired under the tax exemption scheme provided for by articles 238 bis HA and 238 bis HD as drafted by Article 22 of the Amending Finance Act for 1986 (no. 86-824 of 11 July 1986).
The benefit of the exemption is subject to the conditions that the purchaser undertakes, in the deed of purchase, to use the property for hotel operations for at least five years and to carry out renovation work, and that the sale price per square metre is less than a price set by decree. If the commitment to use the property is not complied with, the duties not collected at the time of acquisition are payable on first demand.
The benefit of the exemption is also 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.
The deliberation takes effect within the time limits set out in Article 1594 E.