It is levied for the benefit of a departmental equalisation fund, in all communes with a population not exceeding 5,000 inhabitants other than communes classified as tourist resorts within the meaning of the sub-section 2 of Section 2 of Chapter III of Title III of Book I of the Tourism Code, an additional tax on registration duties or land registration tax payable on transfers for valuable consideration:
1° of immovable property and immovable property rights located within their territory. The additional tax is not levied when the transfer is subject to the proportional duty of 0.70%;
2° of tangible movables sold publicly in the department;
3° of ministerial offices having their registered office in the department;
4° of businesses or clientele established on their territory and new goods dependent on these businesses;
5° of lease rights or the benefit of a promise to lease, relating to all or part of an immovable whatever the form given by the parties, whether it is described as a transfer of key money, severance pay or otherwise.
This tax, which is collected by the tax department, is set at 1.20%. For the transfers referred to in 3°, 4° and 5°, the tax rates are set at : For transfers referred to in 3°, 4° and 5° above evidenced by a deed executed or an agreement entered into on or after 1 January 2002, the rates of the tax are set at:
FRACTION OF TAXABLE VALUE |
APPLICABLE RATE |
% |
|
Not exceeding €23,000 |
0 |
Between €23,000 and €107,000 |
0,40 |
Larger than €107,000 |
1.00 |
The tax is subject to the rules governing the chargeability, refund and recovery of the duties or tax to which it is added.
Resources from this equalisation fund will be distributed among municipalities with a population not exceeding 5,000 according to a scale established by the departmental council. The distribution system adopted will have to take into account, in particular, the size of the population, the amount of gross capital expenditure and the tax effort provided by the beneficiary community.