I. – The public establishments for inter-communal cooperation mentioned in I of article 1379-0 bis are substituted for the member communes for the application of the provisions relating to the business property tax and the business value added tax and for the collection of the proceeds of these taxes.
I bis. – They are also substituted for the member municipalities for the collection of:
1. Of the proceeds of the components of the flat-rate tax on network companies relating to:
a) Electricity production facilities using mechanical wind energy and electricity production facilities using mechanical hydraulic energy located in inland waters or in the territorial sea and electricity production facilities using mechanical wind energy installed before 1 January 2019, provided for in Article 1519 D;
b) Electricity production facilities of nuclear or fossil-fired origin, provided for in article 1519 E;
c) To photovoltaic power plants installed before 1 January 2023 or hydroelectric power plants, provided for in l’article 1519 F ;
For photovoltaic electricity production plants installed from 1 January 2023, the public establishments for inter-municipal cooperation mentioned in I of Article 1379-0 bis are substituted for the member communes for 60% of the product of the component of the flat-rate tax on network companies collected by the latter. They also collect 20% of the total product of the same component;
d) Electric transformers, provided for in Article 1519 G ;
e) Radio stations, provided for in l’article 1519 H ;
f) Liquefied natural gas installations, underground natural gas storage facilities, natural gas transmission pipelines, compressor stations in the natural gas transmission network, pipelines for the transmission of other hydrocarbons and pipelines for the transmission of chemical products provided for in article 1519 HA;
1 bis. Upon deliberation by the municipality in which the installations are located, taken under the conditions provided for in I of Article 1639 A bis, of a fraction of the revenue collected by the municipality from the components of the flat-rate tax on network companies relating to electricity production installations using mechanical wind energy, installed as of 1 January 2019, provided for in Article 1519 D ;
1 ter. Upon deliberation by the municipality in which the installations are located, taken under the conditions provided for in I of Article 1639 A bis, of a fraction of the revenue collected by the municipality from the components of the flat-rate tax on network companies relating to photovoltaic power plants installed from 1 January 2023, provided for in Article 1519 F;
2. From the proceeds of the additional tax on property tax on non-built-up properties, provided for in Article 1519 I;
3. Where applicable, on the joint deliberations of the member communes and the public establishment for inter-communal cooperation, the repayment of the Fonds national de garantie individuelle des ressources communales et intercommunales provided for in 2.1 of Article 78 of Law no. 2009-1673 of 30 December 2009 on finance for 2010, excluding the fraction calculated in accordance with the conditions provided for in 1° and 2° of a of D of IV of the same 2.1;
4. Where applicable, upon concordant deliberations by the member municipalities and the public inter-municipal cooperation establishment, of the business tax reform compensation grant calculated in accordance with II and III of 1.1 of article 78 of the aforementioned law no. 2009-1673 of 30 December 2009, excluding the portion calculated under the conditions provided for in a and b of D of IV of the same 1.1.
I ter. – Where applicable, by joint decision of the member municipalities and the public establishment for inter-municipal cooperation, the levy on resources calculated in accordance with the conditions provided for in II and III of 2.1 of article 78 of the aforementioned law no. 2009-1673 of 30 December 2009 may be charged to this public establishment, excluding the portion calculated in accordance with the conditions provided for in 1° and 2° of a of D of IV of the same 2.1.
I quater. – By way of exception to I of Article 1639 A bis, the public inter-municipal cooperation establishment subject to this article and resulting from a merger or which has undergone a change in scope and its member municipalities have until 15 January to take the deliberations provided for in 3 and 4 of I bis and I ter of this article.
II. – The councils of the public establishments for inter-municipal cooperation mentioned in I vote on the rates of council tax on second homes and other furnished premises not allocated to the principal dwelling, of property tax on built-up properties and of property tax on non-built-up properties.
In the first year of application of this article, as well as in the year following that in respect of which the public establishment of inter-municipal cooperation has voted a rate equal to zero for these three taxes, the ratios between the rates of council tax on second homes and other furnished premises not allocated to the principal dwelling and of property taxes voted by the council of the public establishment of inter-municipal cooperation are equal to the ratios observed in the previous year between the weighted average rates of each tax in all the member communes.
By way of derogation, where the public establishment of inter-municipal cooperation levied an additional tax the year preceding that of the application of these provisions, the ratios between the rates of council tax on second homes and other furnished premises not allocated to the principal dwelling and property taxes established by the public establishment of inter-communal cooperation may be equal to the ratios between the rates of council tax on second homes and other furnished premises not allocated to the principal dwelling and property taxes voted by it the previous year.
III. – 1° a) The business property tax rate is voted by the council mentioned in II within the limits set in Article 1636 B decies.
In the first year of application of this article, the business property tax rate voted by the council of the public establishment for intercommunal cooperation may not exceed the average business property tax rate of the member communes recorded in the previous year, weighted by the relative size of the bases of these communes.
By way of derogation, when the public establishment of inter-municipal cooperation levied an additional tax the year preceding that of the application of these provisions, the weighted average rate mentioned in the first paragraph is increased by the rate of the business property tax levied the previous year by this public establishment of inter-municipal cooperation.
The second and third paragraphs also apply in the first year of collection of the business property tax by a public establishment of intercommunal cooperation applying the schemes determined in Article 1609 quinquies C.
b) The business property tax rate applicable in each member municipality is brought closer to the rate of the public inter-municipal cooperation establishment, until a single rate is applied, the difference being reduced each year by equal shares, in proportions depending on the ratio observed, in the year preceding the first year of application of I, between the rate of the least taxed municipality and that of the most taxed municipality.
When this ratio is greater than 90% and less than 100%, the rate of the public establishment for inter-municipal cooperation applies from the first year. Where this ratio is greater than 80% and less than 90%, the difference is halved in the first year and eliminated in the second. The reduction is made by a third when the ratio is greater than 70% and less than 80%, by a quarter when it is greater than 60% and less than 70%, by a fifth when it is greater than 50% and less than 60%, by a sixth when it is greater than 40% and less than 50%, by the seventh when it is greater than 30% and less than 40%, by the eighth when it is greater than 20% and less than 30%, by the ninth when it is greater than 10% and less than 20%, and by the tenth when it is less than 10%.
c) The council referred to in II may, by a deliberation adopted by a simple majority of its members, modify the duration of the period for reducing the rate differentials resulting from b, without this duration exceeding twelve years.
The deliberation must take place under the conditions provided for in Article 1639 A, during the first year of application of I.
This deliberation may not be modified subsequently, except in the event of the withdrawal of one or more communes pursuant to articles L. 5211-41-1, L. 5215-40-1 et L. 5216-10 du code général des collectivités territoriales, the ninth paragraph of III, the last paragraph of IV and the tenth paragraph of V of article 11 of law n° 2014-58 du 27 January 2014 de modernisation de l’action publique territoriale et d’affirmation des métropoles and the eighth paragraph of I and the penultimate paragraph of II and III of Article 35 of Law n° 2015-991 of 7 August 2015 on the new territorial organisation of the Republic.
For the application of this c, the reduction in rate differentials takes place, each year, in equal parts; in the case where the system for reducing rate differentials is already underway, the differential is reduced each year, in equal parts in proportion to the number of years remaining in accordance with the duration set by the deliberation.
d) When a public establishment for intercommunal cooperation applying I of article 1609 quinquies C opts for the system provided for in this article or becomes subject to this system, the rate recorded in a commune the previous year is the rate applied outside the economic activity zones existing on its territory prior to the change of system; the rate recorded the previous year in each zone or fraction of a zone if it is located on the territory of several communes is then assimilated to that of an additional member commune for the application of this III. This arrangement is applicable under the same conditions when the public establishment for inter-municipal cooperation applies II of Article 1609 quinquies C.
2° In the event of a commune being attached to a public establishment for inter-municipal cooperation applying this Article, I, II, II bis and VI of Article 1638 quater are applicable.
IV. – A local commission responsible for assessing transfers of charges is created between the public establishment of intercommunal cooperation subject to the tax provisions of the present article and the member municipalities. This commission is created by the deliberative body of the public establishment, which determines its composition by a two-thirds majority. It is made up of members of the municipal councils of the municipalities concerned; each municipal council has at least one representative.
The commission elects its chairman and a vice-chairman from among its members. The chairman convenes the committee, sets its agenda and chairs its meetings. If the chairman is absent or unable to attend, the vice-chairman will take his place.
The committee may call on experts to assist it in the performance of its duties.
Operating expenses not related to a facility are evaluated according to their actual cost in the communal budgets for the financial year preceding the transfer of competencies or according to their actual cost in the administrative accounts for the financial years preceding this transfer. In the latter case, the reference period is determined by the commission.
The cost of expenditure on facilities relating to the transferred powers is calculated on the basis of an average annualised cost. This cost includes the cost of building or acquiring the equipment or, where necessary, the cost of renewing it. It also includes financial charges and maintenance expenses. All of this expenditure is taken into account for a normal period of use and reduced to a single year.
The cost of the expenditure transferred is reduced, where applicable, by the resources relating to this expenditure.
The local commission responsible for evaluating the expenditure transferred submits a report evaluating the net cost of the expenditure transferred within nine months of the date of transfer. This report is approved by concordant deliberations of the qualified majority of municipal councils provided for in the first paragraph of II of article L. 5211-5 of the General Code of Local Authorities, taken within three months of the report being forwarded to the Town Council by the Chairman of the Commission. The report is also forwarded to the deliberative body of the public inter-municipal cooperation establishment.
When the president of the commission has not forwarded the aforementioned report to the municipal councils of the member municipalities, or in the absence of its approval under the aforementioned conditions, the net cost of the transferred expenses is established by order of the State representative in the department. It is equal to the average expenditure shown in the administrative accounts of the local authority at the origin of the transfer, updated according to the price index excluding tobacco as recorded on the date of the transfer over a period of three years prior to the transfer for operating expenditure and updated according to the price index of gross fixed capital formation of public administrations, as recorded on the date of the transfer, over a period of seven years prior to the transfer for investment expenditure. It is reduced, where applicable, by the resources relating to these expenses.
When the provisions of this article are applied to a public establishment of inter-municipal cooperation, the commission for the evaluation of transfers of expenses must give its conclusions on the amount of expenses that were already transferred to the public establishment of inter-municipal cooperation and the amount of taxation or contributions from the communes that were collected to finance them.
At the request of the deliberative body of the public inter-municipal cooperation establishment with its own tax system or of one third of the municipal councils of the member communes, the commission provides a forward estimate of the costs likely to be transferred by the communes to the establishment or by the latter to the communes. This forward estimate does not exempt the commission from drawing up the report mentioned in the seventh paragraph of IV of this article.
V. – 1° The public establishment for inter-municipal cooperation pays each member commune a compensation allocation. It may not be indexed.
Where the compensation allocation is negative, the public establishment of inter-municipal cooperation may ask the commune to make a payment to its benefit to match.
The compensation allocations set in accordance with 2°, 4°, 5° or, where applicable, 1° bis constitute a compulsory expense for the public establishment of inter-municipal cooperation or, where applicable, the member communes. The council of the public establishment of inter-municipal cooperation communicates to the member communes, before 15 February of each year, the provisional amount of the allocations in respect of these repayments.
The council of the public establishment of inter-municipal cooperation may only reduce the compensation allocations with the agreement of the municipal councils of the communes concerned.
However, in the event that a reduction in the taxable bases reduces the overall revenue available from the taxes mentioned in the first paragraph of 2°, the deliberative body of the public establishment of intercommunal cooperation may decide to reduce the compensation allocations;
This reduction in the compensation allocations may not exceed the loss of overall revenue available mentioned in the fifth paragraph of this 1°. The public establishment for inter-municipal cooperation may decide to apply this reduction either to all the member municipalities, or only to the member municipality on whose territory the loss of overall available revenue has been recorded. The reduction may not have the effect of lowering the compensation allocation of the municipality concerned by an amount greater than the higher of, on the one hand, 5% of its actual operating revenue and, on the other hand, the amount it has received, where applicable, in respect of the levy on revenue provided for in VIII of 2.1 of article 78 of law no. 2009-1673 of 30 December 2009 on finance for 2010.
Subject to the penultimate paragraph of this 1°, a public establishment for intercommunal cooperation with its own tax status benefiting from one of the compensation mechanisms provided for in I, II and II bis of 3 of Article 78 of the aforementioned Law no. 2009-1673 of 30 December 2009 and in III of Article 79 of Law no. 2018-1317 of 28 December 2018 on finance for 2019 may decide to make this reduction in compensation allocations over several years. In this case, this reduction may not exceed, in respect of any one year, the difference between, on the one hand, the reduction in the overall product referred to in the fifth paragraph of this 1° and, on the other hand, the amount of compensation paid under these compensation mechanisms.
1° bis The amount of the compensation allocation and the conditions for its revision may be freely set by concordant deliberations of the Community Council, ruling by a two-thirds majority, and the municipal councils of the member municipalities concerned, taking into account the report of the local commission for the evaluation of transfers of charges.
These deliberations may provide for part of the amount of the compensation allocation to be charged to the investment section, taking into account the cost of investment expenditure relating to the renewal of transferred equipment, calculated by the local commission for the evaluation of transfers of charges in accordance with the fifth paragraph of IV.
Failing agreement, the amount of the allocation is set under the conditions set out in 2°, 4° and 5°;
2° The compensation allocation is equal to the sum of the products mentioned in I and 1 and 2 of Ia and the product of the tax on commercial surfaces provided for in article 3 of law no. 72-657 of 13 July 1972 instituting measures in favour of certain categories of elderly shopkeepers and craftsmen, received by the municipality in the year preceding that of the first application of this article, less the net cost of the charges transferred calculated under the conditions defined in IV.
The compensation allocation is increased by the amount received by the municipality the same year, on the one hand, as part of the flat-rate allocation provided for in article L. 2334-7 of the General Local Authorities Code corresponding to the amount previously paid in application of I of D of article 44 of the Finance Act for 1999 (no. 98-1266 of 30 December 1998) less the percentage provided for in the second paragraph of article L. 5211-28-1 of the General Local Authorities Code, and, secondly, in respect of the amount of compensation, excluding that of the compensation provided for in IV bis of Article 6 of the 1987 Finance Act (no. 86-1317 of 30 December 1986), allocated:
– pursuant to B of article 26 of the Finance Act for 2003 (no. 2002-1575 of 30 December 2002) ;
– in application of article 53 of the finance law for 2004 (no. 2003-1311 of 30 December 2003), subject to a unanimous decision by the council of the public establishment for inter-municipal cooperation;
– and, where applicable, in application of B of Article 4 of Law no. 96-987 of 14 November 1996 relating to the implementation of the city revival pact or of B of Article 3 of Law no. 96-1143 of 26 December 1996 relating to the Corsican free zone.
L’attribution de compensation est minorée, le cas échéant, du montant des reversements, autorisés par l’article 11 de la loi n° 80-10 du 10 janvier 1980 portant aménagement de la fiscalité directe locale, perçus au profit de l’établissement public de coopération intercommunale l’année précédant celle de la première application de ces dispositions.
L’attribution de compensation est majorée du produit de la réduction de taux de taxe d’habitation prévue, selon le cas, au VII de l’article 1638 quater ou au IV de l’article 1638-0 bis par les bases de taxe d’habitation de la commune l’année de son rattachement à l’établissement public de coopération intercommunale.
However, when a municipality ceases to belong to a public establishment of inter-municipal cooperation applying the tax system of this article in order to join another public establishment of inter-municipal cooperation applying the same tax system, the product of the business property tax is increased by the amount received, in the year of this change, by the public establishment of inter-municipal cooperation to which it ceased to belong, in respect of the share of the compensation allowance provided for in article L. 5211-28-1 of the General Local Authorities Code corresponding to the amount previously paid in application of I of D of article 44 of the aforementioned Finance Law for 1999.
The compensation allocation is recalculated, under the conditions provided for in IV, at the time of each transfer of responsibility.
Every five years, the president of the public establishment of inter-municipal cooperation presents a report on the evolution of the amount of compensation allocations with regard to expenditure linked to the exercise of competencies by the public establishment of inter-municipal cooperation. This report gives rise to a debate within the deliberative body of the public establishment of inter-communal cooperation. This debate is recorded in a specific resolution. This report must be sent to the member municipalities of the public establishment for inter-municipal cooperation.
2° bis (Repealed)
3° (Repealed)
4° (Repealed)
5° 1. – Where, following a merger carried out under the conditions provided for in Article L. 5211-41-3 of the General Code of Territorial Authorities, a public establishment for intercommunal cooperation applies the system provided for in this article and the provisions of Article 1638-0 bis, the compensation allocation paid or received from the year in which the merger operation first produces its fiscal effects is equal to:
a) For communes that were previously members of a public establishment of inter-communal cooperation subject to this article: to the compensation allocation that was paid or received by this public establishment of inter-communal cooperation the year preceding that in which this operation first produced its fiscal effects, subject to the provisions of the penultimate paragraph of 2° of this V. Derogation from the present a may be made either by joint deliberations of the public establishment of inter-municipal cooperation and the municipalities concerned under the conditions of 1° bis, or, solely for the first three years of existence of the new public establishment of inter-municipal cooperation by deliberation of the deliberative body of the public establishment of inter-municipal cooperation ruling by a two-thirds majority. In the latter case, the revision may not have the effect of reducing or increasing the compensation allocation by more than 30% of its amount, representing at most 5% of the actual operating revenues of the commune concerned in the year preceding the revision;
b) For communes that were previously members of a public establishment of inter-communal cooperation not applying this article: to the amount calculated in accordance with 2° of this V.
When the merger is accompanied by a transfer or restitution of competencies, this compensation allocation is respectively reduced or increased by the net amount of transferred charges, calculated under the conditions defined in IV.
A general financial protocol defines the procedures for determining the compensation allocations between the merged public establishment of intercommunal cooperation and the communes.
By way of derogation, the public establishments of intercommunal cooperation resulting from a merger or a change of perimeter on 1 January 2010 and the municipal councils of their member communes may, by concordant deliberations taken by the qualified majority provided for in the first paragraph of II of Article L. 5211-5 of the General Code of Territorial Authorities, proceed, before 31 December 2014, to revise the amount of the compensation allocation.
2. – When, in the context of a change of perimeter, the individual accession of a municipality or a transformation under the conditions provided for in articles L. 5211-41-1 and L. 5214-26 of the same code, a public establishment for inter-communal cooperation is subject to the regime provided for in this article and the provisions of article 1638 quater are applied, the compensation allocation paid or received from the year in which the aforementioned operations first produced their effects in tax terms is equal to:
a) For communes that were previously members of a public establishment of inter-communal cooperation subject to this article: to the compensation allocation that was paid or received by this public establishment of inter-communal cooperation the year preceding that in which the aforementioned operations first produced their fiscal effects, subject to the provisions of the penultimate paragraph of 2° of this V. Derogation from the present a may be made either by joint deliberations of the public establishment of inter-municipal cooperation and the municipalities concerned under the conditions of 1° bis, or, solely for the first three years of existence of the new public establishment of inter-municipal cooperation by deliberation of the deliberative body of the public establishment of inter-municipal cooperation ruling by a two-thirds majority. In the latter case, the revision may not have the effect of reducing or increasing the compensation allocation by more than 30% of its amount, representing at most 5% of the actual operating revenues of the commune concerned in the year preceding the revision;
b) For communes that were previously members of a public establishment of inter-communal cooperation not applying this article: to the amount calculated in accordance with 2° of this V.
When the accession of a commune is accompanied by a transfer or restitution of competencies, this compensation allocation is respectively reduced or increased by the net amount of charges transferred calculated under the conditions defined in IV.
3 (Repealed)
4. – The compensation allocation paid each year to member municipalities that were previously members of a public inter-municipal cooperation establishment without its own tax system is calculated under the conditions provided for in 2°;
5. – A general financial protocol drawn up by 31 December 2016 at the latest defines the procedures for determining compensation allocations between the Lyon metropolitan authority and the communes located on its territory;
6° Compensation allocations set in accordance with 2°, 4°, 5° or, where applicable, 1° bis of this V are recalculated under the conditions provided for in IV at the time of each new transfer of charges. They may not be indexed;
7° Subject to the application of 5° of this V, the public establishments of intercommunal cooperation subject to this article and the municipal councils of their member municipalities may proceed, by concordant deliberations taken by the qualified majority provided for in the first paragraph of II of Article L. 5211-5 of the General Code of Territorial Authorities, to reduce the compensation allocations of some of the member municipalities when the municipalities concerned have a per capita financial potential that is more than 20% higher than the average per capita financial potential of all the member municipalities. This reduction in their compensation allocations may not exceed 5% of the amount of the latter.
V bis. – 1. For public establishments of inter-municipal cooperation that were applying this article on 31 December 2010 in the version in force on that date, the compensation allocation paid each year to the communes that were members on that same date is equal to that which was paid to them in 2010, without prejudice to the provisions set out in V relating to changes in their amount.
2. For public establishments for intercommunal cooperation that apply this article for the first time in 2011, the amount of relay compensation received in 2010 by the commune, in accordance with II of Article 1640 B, is substituted for the products mentioned in the first paragraph of 2° of V for the calculation of the compensation allocation.
VI. (Repealed)
VII. – For communes that are members of a public establishment of inter-municipal cooperation subject to the provisions of the present article, the rate to be taken into account for the calculation of the compensation referred to in II of article 21 of the finance law for 1992 (no. 91-1322 of 30 December 1991) is increased, where applicable, by the rate voted in 1991 by the aforementioned public establishment of inter-municipal cooperation. When the municipalities are members of a public establishment of inter-municipal cooperation applying the present article and which has undergone a change of perimeter, of whatever nature, the rate to be taken into account for this same calculation is increased, where applicable, by the rate voted in 1991 by the public establishment of inter-municipal cooperation of which they were members prior to the merger.
VIII. – 1° The sums paid to the communes in application of IV of article 6 of the finance law for 1987 (n° 86-1317 of 30 December 1986) remain theirs when they become members of a public establishment of inter-communal cooperation subject to the provisions of the present article.
2° The public establishments of inter-communal cooperation subject to the provisions of the present article benefit from the compensation provided for in IV bis of article 6 of the aforementioned finance law for 1987 in place of their member communes.
For public establishments of inter-municipal cooperation subject in 2011 to the provisions of this article, the business tax rate to be used is the weighted average business tax rate recorded in 1986 in all the communes that are members of the public establishment of inter-municipal cooperation; this rate is, where applicable, increased by the business tax rate voted in 1986 by the public establishment of inter-municipal cooperation that opted for the tax system provided for in this article or from which the community of communes was formed; these rates are multiplied by 0.960.
For public establishments of inter-municipal cooperation subject to the provisions of this article for the first time from 2012, the compensation is calculated using the weighted average rate of the communes that are members of the public establishment of inter-municipal cooperation.
For the application of the penultimate paragraph of this 2°, the weighted average rate is determined by the ratio of the sum of the compensation for the reduction for the creation of an establishment paid to the member municipalities in respect of the year preceding the first year of application of this article and the sum of the exempt bases or abatements applied in respect of the year preceding this same first year of application.
IX. – The provisions of I to VIII are applicable to communities of communes having, before 31 December 2010, opted, pursuant to III of Article 1609 quinquies C in the wording in force until that date, for the application of this article.