I. – In the event of the voluntary attachment of a commune to a public establishment for intercommunal cooperation subject to Article 1609 nonies C or following a transformation under the conditions provided for in Article L. 5211-41-1 du code général des collectivités territoriales, the business property tax rate of the attached commune is brought into line with the business property tax rate of the public establishment under the following conditions:
a) The difference noted, in the year during which the attachment is decided, between these two rates is reduced each year in equal parts, until a single rate is applied, in the proportions defined in the second paragraph of b of 1° of III of Article 1609 nonies C and depending on the ratio between the lower of these two rates and the higher.
C of 1° of III of Article 1609 nonies C is applicable;
b) (Repealed).
II. – For the application of the provisions of I, the business property tax rate of the commune must, when it also belongs to an urban community, or a community of communes, be increased by the business property tax rate voted by these public establishments for inter-communal cooperation in the year in which the attachment is decided.
II bis. – 1. However, by way of exception to the provisions of I and for the year following that in which the municipality is attached, the public establishment for inter-municipal cooperation may, on the decision of the community council acting by a simple majority of its members under the conditions laid down by article 1639 A, vote its rate of business property tax within the limit of the average rate of business property tax for the public inter-municipal cooperation body and the attached municipality recorded in the previous year, weighted by the relative size of the bases taxed for the benefit of the public establishment for inter-municipal cooperation and the commune.
2. For the application of 1:
a. Where the attached municipality was a member of a public inter-municipal cooperation establishment substituted for the municipality for the application of the provisions relating to the business property tax, the weighted average rate takes into account the income collected by this public inter-municipal cooperation establishment and the bases imposed for its benefit on the territory of the municipality;
b. Where the attached municipality was a member of a public inter-municipal cooperation establishment without its own tax system or with an additional tax system, the weighted average rate takes into account the income collected for the benefit of these establishments on the territory of the municipality;
c. The provisions of b and c of 1° of III of article 1609 nonies C are applicable.
For the application of these provisions, account is taken of the rates actually applied on the territory of the communes when a process of reducing rate differences was underway or, failing that, of the rate of the public establishment for inter-communal cooperation that was substituted for the communes for the application of the provisions of the business property tax. When the attached commune was a member of a public establishment for intercommunal cooperation without its own tax or with additional own tax, the commune’s rate is increased by the rate of the public establishment for intercommunal cooperation.
3. The provisions of IV of Article 1636 B decies do not apply to the amount carried forward in respect of the year of attachment and the two previous years.
III. – The provisions of I and II are also applicable in communes or parts of communes that are incorporated into an economic activity zone where the provisions of I of Article 1609 quinquies C are applied. These provisions are also applicable in the event of a commune on whose territory electricity production facilities using mechanical wind energy are located being attached to a public establishment for inter-communal cooperation applying II of the same article.
However, the municipal council of the municipality and the deliberative body of the public establishment for inter-municipal cooperation may decide, through concordant deliberations, that the business property tax rate applied in the municipality or part of the municipality incorporated into the zone or to the electricity production installations using mechanical wind energy is, from the first year, that set by the public establishment for inter-municipal cooperation.
IV. – In the event of voluntary attachment or following a transformation under the conditions provided for in Article L. 5211-41-1 of the General Code of Territorial Authorities of a municipality to a public establishment of inter-municipal cooperation with additional taxation, the deliberating body votes on the rates of dwelling tax on second homes and other furnished premises not allocated to the principal dwelling, built property, unbuilt property and business property tax under the conditions provided for in Article 1636 B sexies.
IV bis. – In the cases provided for in I and IV, by concordant deliberations of the deliberative body of the public establishment for inter-municipal cooperation and of the municipal council of the commune concerned, the rates of council tax on second homes and other furnished premises not assigned to the principal dwelling, property tax on built-up properties, property tax on non-built-up properties and, where applicable, business property tax voted by the deliberative body of the public establishment for inter-municipal cooperation may be applied progressively, in equal fractions, over a maximum period of twelve years.
When, in the year of attachment, the commune was a member of a public establishment for inter-communal cooperation with its own tax status, the progressive tax integration procedure provided for in the first paragraph of this IV bis only concerns the difference between the rate that would have been applied on the territory of the commune in the year of attachment if it had already taken effect for tax purposes and the rate actually applied on this same territory in the same year.
V. – I, II and III are also applicable to communes that are attached to an urban community or agglomeration community whose perimeter is extended pursuant to the renewal of the procedure provided for in Articles L. 5215-40-1 et L. 5216-10 of the Code général des collectivités territoriales.
VI. – When the provisions of I, II and III are applied following the voluntary attachment of a commune to a public establishment for inter-communal cooperation with its own tax system, the revenue communicated to the public establishment at the beginning of the financial year by the tax services and resulting from the statement of notification of bases takes into account the rate applicable in the attached commune.
VII. – In the event of an attachment under the conditions mentioned in I to a public establishment for inter-communal cooperation that applied article 1609 nonies C in 2011 to a municipality that was not a member of such an establishment in 2011, the municipal rate of council tax on second homes and other furnished premises not used as a main residence is reduced by the difference between, on the one hand, the reference rate of council tax calculated for the municipality in accordance with article 1640 C and, on the other hand, the municipal rate of council tax applicable in 2010 in the municipality. These provisions apply in the event of attachment to a public inter-municipal cooperation body resulting from one or more mergers of public inter-municipal cooperation bodies, at least one of which applied article 1609 nonies C in 2011. These provisions also apply in the event of the attachment to a public inter-municipal cooperation body resulting from one or more mergers of public inter-municipal cooperation bodies, at least one of which applied article 1609 nonies C in 2011, of new communes whose former communes were not members in 2011 of a public inter-municipal cooperation body applying the same article 1609 nonies C.