I. – At the request of the taxpayer made within the legal period for lodging a claim provided for the business property tax, the territorial economic contribution of each business is capped according to its added value.
This added value is:
a) For taxpayers subject to a tax regime defined in 1 of Article 50-0 or in l’article 102 ter, equal to 80% of the difference between the amount of receipts and, where applicable, that of purchases made during the tax year;
b) For other taxpayers, that defined in article 1586 sexies.
The value added taken into account is that produced during the period referred to in I of l’article 1586 quinquies. If no business is sold or discontinued during the tax year, the amount of value added referred to in b is corrected to correspond to a full year.
The capping rate is set at 1.625% of value added.
II. – The cap provided for in I applies to the business property tax (cotisation foncière des entreprises) and the business value added tax (cotisation sur la valeur ajoutée des entreprises) reduced, where applicable, by all the reductions and reliefs to which these taxes may be subject, with the exception of the tax credit provided for in article 1647 C septies and the tax reliefs provided for in articles 1647 C quinquies B and 1647 C quinquies C.
It does not apply to the taxes referred to in Articles 1600 to 1601-0 A nor to levies made by the State on these taxes pursuant to Article 1641. Nor does it apply to the minimum assessment provided for in Article 1647 D.
The business property assessment is understood to be the sum of the assessments for each establishment established in respect of the tax year. The assessment for each establishment is increased by the amount of the tax provided for in article 1530 bis and the special additional equipment taxes to the business property tax provided for in articles 1599 quater D, 1607 bis, 1607 ter and 1609 B to 1609 H, calculated under the same conditions.
III. – The rebate is deducted from the business property tax.
IV. – The rebate may not have the effect of reducing the territorial economic contribution to an amount lower than that resulting from the application of article 1647 D.
V. – The repayment of unduly refunded sums is requested in accordance with the same procedural rules and under the same penalties as for business property tax. Claims are submitted, investigated and judged in accordance with the procedural rules applicable to business property tax.
VI. – The tax relief resulting from the application of this article is ordered within six months of the application being submitted.