I. – For the application of the second paragraph of I of Article 1640 B, the reference communal and inter-communal rates are defined as follows:
1. For communes that are not members in 2010 of a public establishment for inter-communal cooperation with its own tax system, the reference communal rate is the sum :
a) The communal relay rate determined in accordance with the first paragraph of I of Article 1640 B;
b) The departmental and regional business tax rates applicable on the territory of the commune for the taxes in respect of 2009, determined, where applicable, under the conditions provided for in 7;
c) Where applicable, the rate of the equalisation contribution provided for by article 1648 D applicable in the municipality for taxation in respect of 2009.
2. For public establishments of inter-municipal cooperation subject to the tax system provided for in article 1609 nonies C, the reference intercommunal rate is, without prejudice to the application of 4, the sum :
a) The inter-municipal relay rate determined in accordance with the first paragraph of I of Article 1640 B;
b) The departmental and regional business tax rates applicable on the territory of the public establishment for inter-municipal cooperation for the taxes in respect of 2009, determined, where applicable, under the conditions provided for in 7 ;
c) Where applicable, the rate of the equalisation levy provided for by Article 1648 D applicable on the territory of the public establishment of inter-municipal cooperation for the tax assessments in respect of 2009.
3.1° Pour les établissements publics de coopération intercommunale à fiscalité additionnelle, le taux intercommunal de référence est la somme:
a) D’une part, du taux intercommunal relais déterminé conformément au premier alinéa du I de l’article 1640 B;
b) D’autre part, d’une fraction de la somme des taux départemental et régional de taxe professionnelle applicables sur le territoire de l’établissement public de coopération intercommunale pour les impositions au titre de l’année 2009, déterminés, le cas échéant, dans les conditions prévues au 7.
Correspondingly, for the communes that are members in 2010 of these public inter-municipal cooperation establishments, the reference communal rate is the sum :
c) On the one hand, the communal relay rate determined in accordance with the first paragraph of I of article 1640 B;
d) On the other hand, the complementary fraction of the sum mentioned in b;
e) Where applicable, the rate of the equalisation contribution provided for by article 1648 D applicable in the commune for the tax assessments in respect of 2009.
The fraction intended for the public establishment for intercommunal cooperation, mentioned in b, is the ratio, expressed as a percentage, between, on the one hand, the intercommunal relay rate mentioned in a and, on the other hand, the sum of this rate and the average of the communal relay rates of the member communes mentioned in c, weighted by the relative size of the bases used to calculate the relay compensation paid to these communes pursuant to the second paragraph of a of 1 of II of article 1640 B.
The additional fraction intended for the communes, mentioned in d, is the 100% supplement to the fraction defined in the previous paragraph.
2° The reference intercommunal rates relating to the schemes provided for in II of article 1609 quinquies C in its wording in force on 31 December 2009 are determined according to the same procedures as those described in 2 for public establishments for inter-municipal cooperation subject to the tax regime provided for in Article 1609 nonies C in its wording in force on 31 December 2009.
4. When the application in 2010 of the provisions relating to business tax in their wording in force on 31 December 2009 would have led to the application of one of the procedures for the gradual reduction of differences in business tax rates provided for in 1° of III of article 1609 nonies C, to article 1638, in the third paragraph of 1 of III of article 1638-0 bis and in I of article 1638 quater, the reference rate used for the application of I of article 1640 B in each commune or portion of commune concerned is the sum :
a) On the one hand, the rate determined in accordance with 1 to 3;
b) On the other hand, the difference that would have resulted from the application of these procedures between the voted municipal or inter-municipal business tax rate and the applicable business tax rate.
5. The reference rates defined in 1 to 4 are multiplied by a coefficient of 0.84.
6. The reference rates defined in 1 to 4 and corrected in accordance with 5 are multiplied by a coefficient of 1.0485.
7. For the application of 1 to 3 to public establishments for inter-municipal cooperation with their own taxation whose territory is located in that of several départements, the 2009 departmental business tax rate to be taken into account is the average of the 2009 departmental business tax rates concerned, weighted by the relative size of the bases of this tax notified to the départements in respect of 2009 and located in the territory of the public establishment for inter-municipal cooperation. (1)
For the application of 1 to 3 to public establishments of inter-municipal cooperation with their own taxation whose territory is located in that of several regions, the regional business tax rate for 2009 to be taken into account means the average of the regional business tax rates for 2009 concerned, weighted by the relative size of the bases of this tax notified to the regions in respect of 2009 and located in the territory of the public establishment of inter-municipal cooperation. (1)
II. – Repealed (1).
III. – For the application of I to municipalities, public establishments of inter-municipal cooperation with their own tax system and departments whose territory is located at least partly in the Ile-de-France region, the regional rates are understood to be, for this region, the rates for 2009 of the additional tax on business tax provided for in article 1599 quinquies as it stood on 31 December 2009. (1)
IV. – For the application in respect of 2010 of 4° of II of Article 1635 sexies, the national weighted average rate of business property tax for the previous year means the national weighted average rate of business tax for 2009, multiplied by a coefficient of 0.84.
V. – For the application, in respect of 2011, of Article 1636 B sexies, the reference rates relating to 2010 used to set the rates for business property tax, council tax and property taxes are calculated under the conditions provided for in this V.
A. – The reference rates of business property tax relating to 2010 are the rates defined in 1 to 4 of I, corrected in accordance with 5 and 6 of I.
B. – The reference rates for property tax on built-up properties are calculated as follows:
1. For municipalities and public inter-municipal cooperation establishments with their own tax system, this rate is the rate for 2010. This rate is not subject to the correction provided for in IX;
2. For départements, the reference rate relating to 2010 is the sum of:
a) On the one hand, the département rate for 2010;
b) On the other hand, the regional rate of property tax on built-up properties applied in 2010 on the territory of the département.
This reference rate is corrected under the conditions provided for in IX.
C. – The reference rates for council tax are calculated as follows:
1. For municipalities that are not members of a public inter-municipal cooperation establishment with its own tax system in 2011, the reference rate relating to 2010 is the sum of:
a) On the one hand, the municipal rate for 2010;
b) On the other hand, the departmental housing tax rate applied in 2010 on the territory of the municipality, determined, where applicable, under the conditions provided for in Va.
This reference rate is corrected under the conditions provided for in IX.
For communes that are members in 2011 of a public establishment for inter-communal cooperation subject to the tax system provided for in Article 1609 nonies C, the reference rate relating to 2010 is the communal rate for that same year. This reference rate is not subject to the correction provided for in IX;
2. For public establishments for inter-municipal cooperation subject to the tax system provided for in Article 1609 nonies C, the reference rate relating to 2010 is the sum of:
a) On the one hand, the inter-municipal rate for 2010;
b) On the other hand, the departmental rate of council tax applied in 2010 on its territory, determined, where applicable, under the conditions provided for in Va.
This reference rate is corrected under the conditions provided for in IX;
3. For public establishments of inter-municipal cooperation with additional taxation, the reference rate relating to 2010 is the sum of:
a) On the one hand, the inter-municipal rate for 2010;
b) On the other hand, a fraction of the departmental rate of council tax applied in 2010 on the territory of the public establishment of inter-municipal cooperation, determined, where applicable, under the conditions provided for in Va.
This reference rate is corrected under the conditions provided for in IX.
Correlatively, for the communes that are members of these public establishments of inter-communal cooperation in 2011, the reference rate relating to 2010 is the sum of:
c) On the one hand, the communal rate for 2010;
d) On the other hand, the complementary fraction of the departmental rate of council tax applied in 2010 on the territory of the public establishment of inter-communal cooperation, determined, where applicable, under the conditions provided for in Va.
This reference rate is corrected under the conditions provided for in IX.
The fraction mentioned in b is that defined in the eighth paragraph of 1° of 3 of I. However, for public establishments of intercommunal cooperation applying the provisions of II of Article 1609 quinquies C in its wording in force on 31 December 2009, this fraction is equal to the ratio, expressed as a percentage, between, on the one hand, the relay compensation paid to the public establishment of intercommunal cooperation pursuant to 1 and 2 of II of Article 1640 B and, on the other hand, the sum of this relay compensation and that paid to the communes pursuant to these same paragraphs.
The complementary fraction intended for communes that are members of a public establishment of intercommunal cooperation with additional taxation, mentioned in d of this 3, is the complementary 100% of the fraction defined in the ninth paragraph of 1° of 3 of I and that intended for communes that are members of a public establishment of intercommunal cooperation applying the provisions of II of article 1609 quinquies C in its wording in force on 31 December 2009 is the complementary 100% of the fraction defined in the second sentence of the ninth paragraph of this 3.
D. – The reference rates for property tax on non-built-up properties are calculated as follows:
1. For communes that are members in 2011 of a public establishment for inter-communal cooperation subject to the tax system provided for in Article 1609 nonies C, the reference rate relating to 2010 is the communal rate for that same year. This reference rate is not subject to the correction provided for in IX.
For communes other than those referred to in the first paragraph, the reference rate for 2010 is the communal rate for that same year. This reference rate is corrected under the conditions provided for in IX;
2. For public inter-municipal cooperation bodies with their own tax system, the reference rate for 2010 is the inter-municipal rate for that year. This reference rate is corrected in accordance with the conditions set out in IX.
V bis. – For the application of V to public establishments of inter-municipal cooperation with their own tax status whose territory is located in that of several départements, the 2010 département rate to be taken into account means, for each tax, the average of the 2010 département rates concerned, weighted by the relative size of the bases notified to the départements in respect of 2010 and located in the territory of this public establishment of inter-municipal cooperation.
For the application of V to public establishments of intercommunal cooperation with their own tax status whose territory is located in that of several regions, the 2010 regional rate to be taken into account means, for each tax, the average of the 2010 regional rates concerned, weighted by the relative size of the bases notified to the regions in respect of 2010 and located in the territory of this public establishment of intercommunal cooperation.
VI. – A. – The reference rates defined in V are also used for the application in 2011 of articles 1636 B septies, 1636 B decies, 1638-0 bis, 1638 quater and 1638 quinquies and the second paragraph of III of Article 1639 A.
Where these articles refer to average rates for 2010, these mean the averages of the reference rates defined in V, with any weightings used to calculate these averages remaining unchanged.
However, for the application of the fourth, fifth and sixth paragraphs of II of Article 1636 B decies, the average rates relating to 2010 mean, for business property tax, the averages of the relay rates defined in I of Article 1640 B and, for council tax and property tax, the rates applied in 2010 ; for the application of II and III of article 1609 nonies C, of the last paragraph of I of article 1638-0 bis, of II and III of the same article and of I of article 1638 quinquies, the average business property tax rates relating to 2010 are understood to be the averages of the relay rates defined in I of article 1640 B, these averages being increased and then corrected in accordance with 2, 5 and 6 of I to determine the maximum business property tax rate that may be voted in 2011.
The reference rates defined in V as well as the second paragraph of this A are also used for the application in 2012 of the first paragraph of 3° of II of Article 1636 B decies and for the application in 2013 of the second paragraph of the same 3°.
B. – For the application, as from 2011, of the procedures for reducing rate differentials provided for in b of 1° of III of Article 1609 nonies C, in Article 1638, in the third paragraph of III of Article 1638-0 bis and in I of Article 1638 quater:
1. Where the rate integration period begins in 2010 and does not end in 2011, the residual 2010 rate differentials are calculated on the basis of reference rates relating to 2010 determined in accordance with V; the differentials thus recalculated are, each year from 2011, reduced in equal parts, in proportion to the number of years remaining until the application of a single rate;
2. Where the rate integration period begins in 2011, the rate differentials are calculated on the basis of the reference rates relating to 2010 defined in I.
C. – For public establishments for inter-municipal cooperation that apply Article 1609 nonies C for the first time in 2011 or that had voted zero rates for council tax and property taxes in 2010, the reference rate defined in C of V is added to the council tax rate determined in accordance with the second and third paragraphs of II of the same Article 1609 nonies C.
VII. – For the application in respect of 2011 of 4° of II of Article 1635 sexies, the business property tax rates applied in the previous year by all the local authorities mean the reference rates defined in I for these local authorities.
VIII. – Repealed.
IX. – A correction to the reference rates is made:
1° For the housing tax rates of public inter-municipal cooperation establishments with their own tax status not applying Article 1609 nonies C, their member communes and communes not belonging in 2011 to a public inter-municipal cooperation establishment with their own tax status, by multiplying the reference rate by 1.0340;
2° For the rates of property tax on non-built-up properties of the establishments and communes referred to in 1°, by multiplying the reference rates by 1.0485 ;
3° For the council tax rates of the public establishments for inter-communal cooperation applying Article 1609 nonies C, by multiplying the reference rate by 1.0340 and then adding to it the average of the municipal council tax rates applicable in 2010 in the member municipalities, weighted by the relative size of the council tax bases of these municipalities as derived from the general rolls drawn up in respect of 2010 and multiplied by 0.0340 ;
4° For the rates of property tax on non-built-up properties for the establishments referred to in 3°, by multiplying the reference rate by 1.0485 and then adding to it the average of the communal rates of this tax applicable in 2010 in the member communes, weighted by the relative size of the communal bases of this same tax as derived from the general rolls drawn up in respect of 2010 and multiplied by 0.0485 ;
5° For the rates of property tax on built-up properties in the départements, by multiplying the reference rate by 1.0485 and then adding to it the average of the communal rates of this tax applicable in 2010 in the département, weighted by the relative size of the communal bases of this same tax as derived from the general tax rolls drawn up in respect of 2010 and multiplied by 0.0485.
For the application of the first paragraph of this 5°, the communal rate of property tax on built-up properties is, where applicable, increased by the rate of this same tax voted by the public establishment for inter-communal cooperation with its own tax status for the taxes in respect of the same year.
6° No correction is made for the rates of taxe d’habitation, taxe foncière sur les propriétés bâties and taxe foncière sur les propriétés non bâties of the communes that are members in 2011 of the establishments referred to in 3°.
X. – For the application of V and V bis to communes, établissements publics de coopération intercommunale à fiscalité propre and départements whose territory is located at least in part in the Ile-de-France region, the regional rates of property tax on built-up properties refer to the rates for 2010 of the additional tax on property tax on built-up properties provided for in Article 1599 quinquies in its wording in force on 1 January 2010.