I. – In the event of a merger of public establishments for intercommunal cooperation with additional own taxation, carried out under the conditions provided for by article L. 5211-41-3 of the General Code of Territorial Authorities, the public establishment of intercommunal cooperation resulting from the merger is automatically subject to the system of additional taxation, unless the Community Council opts for the system provided for in Article 1609 nonies C, acting by a simple majority of its members, adopted no later than 15 January of the year in which the merger takes effect for tax purposes. The same applies in the event of a merger of public establishments of inter-municipal cooperation with additional taxation and public establishments of inter-municipal cooperation without their own taxation. This deliberation cannot be revoked during the period of unification of rates provided for in III of article 1609 nonies C.
The rates of additional taxation of the public establishment of intercommunal cooperation resulting from the merger are set in the first year following that of the merger according to the following procedures:
1° Either under the conditions provided for by I of Article 1636 B sexies. For the application of this provision, the rates of the previous year are equal to the average rate of each tax of the public establishments of inter-municipal cooperation with additional own taxation weighted by the size of the bases of these public establishments of inter-municipal cooperation. In the case of a merger between a public establishment of inter-municipal cooperation with additional own taxation and a public establishment of inter-municipal cooperation without own taxation, the rates used are those of the establishment with additional own taxation.
However, different tax rates for dwelling tax on secondary residences and other furnished premises not allocated to the main dwelling, property tax and business property tax may be applied on the territory of pre-existing public establishments of inter-municipal cooperation during a transitional period. The deliberation instituting this progressive tax integration procedure determines its duration, up to a maximum of twelve years. Failing this, the procedure applies to the first twelve budgets of the public inter-municipal cooperation body resulting from the merger. This decision is taken either by joint deliberations of the pre-existing public establishments of inter-municipal cooperation prior to the merger, or by a deliberation of the public establishment of inter-municipal cooperation resulting from the merger. The duration of the period of progressive fiscal integration may be modified at a later date, without the total period of integration exceeding twelve years.
The differences affecting the tax rates applied on the territory of the pre-existing public establishments of intercommunal cooperation are reduced each year in equal shares.
2° Either under the conditions provided for by II of Article 1636 B sexies. For the application of this provision, the weighted average rate of each of the four taxes takes into account the income collected by the pre-existing public establishments of intercommunal cooperation.
When the public establishment of intercommunal cooperation resulting from the merger opts for the system provided for in Article 1609 nonies C, the rate of the business property tax that it votes for the first year may not exceed the average rate of the business property tax recorded the previous year in the member communes, weighted by the relative size of the bases of these communes. The weighted average rate takes into account the revenues collected by the pre-existing public establishments for intercommunal cooperation.
II. – In the event of a merger of public establishments of inter-municipal cooperation subject to Article 1609 quinquies C, carried out under the conditions provided for by Article L. 5211-41-3 of the General Code of Territorial Authorities, the public establishment of inter-municipal cooperation resulting from the merger is automatically subject to the system provided for by these same provisions, unless the Community Council opts for the system provided for in Article 1609 nonies C, ruling by a simple majority of its members, taken no later than 15 January of the year during which the merger takes effect for tax purposes. The same applies in the event of a merger of, on the one hand, public establishments for inter-municipal cooperation applying the system provided for in article 1609 quinquies C and, on the other hand, of public establishments of inter-municipal cooperation with additional own taxation or public establishments of inter-municipal cooperation without own taxation. This deliberation cannot be withdrawn during the period of unification of rates provided for in III of article 1609 nonies C.
For the first year following that of the merger:
1° The rate of the area business property tax as well as the rate of the business property tax relating to electricity production facilities using mechanical wind energy voted by the public establishment for intercommunal cooperation resulting from the merger may not exceed the average rate of the business property tax recorded the previous year in the member municipalities, weighted by the relative size of the bases of these municipalities ; the weighted average rate takes into account the income received by the pre-existing public establishments for inter-municipal cooperation and the bases imposed on them in application of article 1609 quinquies C. However, when this weighted average rate is lower than one or more of the rates of the area business property tax, the public establishment of inter-municipal cooperation resulting from the merger may decide to set its rate within the limit of the rate or rates of the area business property tax voted the previous year by the pre-existing public establishments of inter-municipal cooperation. The same applies to the business property tax rate for electricity production facilities using mechanical wind energy.
The b of 1 of III of article 1609 quinquies C is applicable to the public inter-municipal cooperation establishment resulting from the merger. In the case of pre-existing inter-communal establishments applying the mechanism for reducing rate differentials, account is taken of the rate actually applied on the territory of the commune in respect of the previous year;
2°I is applicable to the tax bases for business property tax other than those subject to Article 1609 quinquies C.
When the public establishment for intercommunal cooperation resulting from the merger opts for the system provided for in Article 1609 nonies C, the rate of the business property tax that it votes for the first year may not exceed the average rate of the business property tax recorded the previous year in the member municipalities, weighted by the relative size of the bases of these municipalities. The weighted average rate takes into account the revenue collected by the pre-existing public establishments for intercommunal cooperation and the bases imposed on them in application of article 1609 quinquies C.
III. – In the event of a merger of public establishments of intercommunal cooperation subject to Article 1609 nonies C, carried out under the conditions provided for by Article L. 5211-41-3 of the General Code of Territorial Authorities, the public establishment of intercommunal cooperation resulting from the merger is automatically subject to the system provided for by these same provisions. The same applies in the event of a merger, on the one hand, of public establishments of inter-municipal cooperation subject to Article 1609 nonies C and, on the other hand, of public establishments of inter-municipal cooperation with additional own taxation whether or not applying Article 1609 quinquies C or public establishments of inter-municipal cooperation without own taxation.
For the first year following that of the merger, the rate of the business property tax voted by the public inter-municipal cooperation establishment resulting from the merger may not exceed the average rate of this tax recorded the previous year in the member municipalities, weighted by the relative size of the tax bases imposed on the territory of these municipalities; the weighted average rate takes into account the revenues collected for the benefit of the pre-existing public establishments for intercommunal cooperation and the bases taxed for their benefit in application of article 1609 nonies C or article 1609 quinquies C. Articles 1636 B decies and 1609 nonies C apply to this weighted average rate.
The b and the first and third paragraphs of the c of 1° of III of Article 1609 nonies C are applicable to the public establishment of intercommunal cooperation resulting from the merger. For the application of these provisions, account is taken of the rate recorded in each zone and the rate actually applied on the territory of the municipality in respect of the previous year for pre-existing public establishments of intercommunal cooperation applying the mechanism for reducing rate differentials.
For the first year following that of the merger, the rates of council tax on secondary residences and other furnished premises not allocated to the principal dwelling and of property taxes for the public inter-municipal cooperation establishment resulting from the merger are set:
1° Either under the conditions provided for in Article 1636 B sexies, excluding a of 1 of I, and in Article 1636 B decies. For the application of this provision, the rates for the previous year are equal to the average rate for each tax of the public establishments of inter-municipal cooperation with their own tax status, weighted by the size of the bases of these public establishments of inter-municipal cooperation. In the case of a merger between a public establishment of inter-municipal cooperation with its own tax status and a public establishment of inter-municipal cooperation without its own tax status, the rates used are those of the public establishment of inter-municipal cooperation with its own tax status.
By way of derogation, different tax rates for dwelling tax on second homes and other furnished premises not allocated to the main dwelling and for property tax may be applied according to the territory of the pre-existing public establishments of inter-municipal cooperation during a transitional period. The deliberation instituting this progressive tax integration procedure determines its duration, up to a maximum of twelve years. Failing this, the procedure applies to the first twelve budgets of the public inter-municipal cooperation body resulting from the merger. This decision is taken either by joint deliberations of the pre-existing public establishments of inter-municipal cooperation prior to the merger, or by a deliberation of the public establishment of inter-municipal cooperation resulting from the merger. The duration of the progressive tax integration period may not be subsequently modified.
The differences that affect the tax rates applied on the territory of the pre-existing public establishments of inter-municipal cooperation are reduced each year by equal shares.
In the case of a merger referred to in the last sentence of the first paragraph of this III involving an Établissement Public de Coopération Intercommunale that applied Article 1609 nonies C. in 2011, the weighted average rate of council tax on secondary residences and other furnished premises not allocated to the principal dwelling mentioned in the first paragraph of this 1° takes into account the revenue resulting from the transfer of the departmental share of this tax collected by the communes which in 2011 were isolated or members of a public inter-communal cooperation establishment with additional taxation whether or not applying Article 1609 quinquies C ;
2° Or under the conditions provided for in the second paragraph of II of Article 1609 nonies C. For the application of this provision, the weighted average rate for each of the three taxes takes into account the income collected by the pre-existing public establishments for intercommunal cooperation.
IV. – The rate of council tax on secondary residences and other furnished premises not allocated to the principal dwelling of the communes that were members in 2011 of a public inter-municipal cooperation establishment with additional own taxation whether or not applying article 1609 quinquies C or a public establishment without own taxation that merges with a public inter-municipal cooperation establishment that applied article 1609 nonies C in 2011 is reduced the year following that of the merger by the difference between, on the one hand, the reference rate of council tax calculated for the commune in accordance with article 1640 C and, on the other hand, the communal rate of council tax applicable in 2010 in the commune.
The reduction in the rate of council tax on second homes and other furnished premises not used as a main residence provided for in the first paragraph also applies to municipalities that are members of a public inter-municipal cooperation body subject to additional own tax on 1 January 2011 and which applied article 1609 nonies C the year prior to the merger. These provisions are applicable to communes that were not members in 2011 of a public establishment of intercommunal cooperation applying article 1609 nonies C and which, following a merger, become members of an establishment resulting from one or more mergers of public establishments of intercommunal cooperation, at least one of which applied the same article 1609 nonies C in 2011. These provisions also apply to new communes whose former communes were not members in 2011 of a public inter-municipal cooperation establishment applying Article 1609 nonies C and which, following a merger, become members of an establishment resulting from one or more mergers of public inter-municipal cooperation establishments, at least one of which applied the same Article 1609 nonies C in 2011.