I. – 1. Taxpayers domiciled in France within the meaning of l’article 4 B who acquire, between 1 January 2009 and 31 December 2012, a new home or a home in a future state of completion benefit from an income tax reduction provided that they undertake to rent it bare for use as their main home for a minimum period of nine years.
2. The tax reduction applies under the same conditions:
a) To housing that the taxpayer has built and which is the subject of a building permit application filed between 1 January 2009 and 31 December 2012;
b) To housing that the taxpayer acquires between 1 January 2009 and 31 December 2012 and which is or has been the subject, between these same dates, of work contributing to the production or delivery of a new building within the meaning of 2° of 2 of I of the article 257 ;
c) Housing that does not meet the decency requirements, as set out in article 6 of law no. 89-462 du 6 juillet 1989 tendant à améliorer les rapports locatifs et portant modification de la loi n° 86-1290 du 23 décembre 1986, que le contribuable acquiert entre le 1er janvier 2009 et le 31 décembre 2012 et qui fait l’objet, between those same dates, of renovation work defined by decree enabling the dwelling to acquire technical performances close to those of a new dwelling or which the taxpayer acquires in 2012 and which has undergone, between those same dates, such work ;
d) Premises used for purposes other than housing that the taxpayer acquires between 1 January 2009 and 31 December 2012 and that are converted into housing between these same dates, or that the taxpayer acquires in 2012 and that have undergone such work between these same dates.
3. The dwelling must be completed within thirty months of the date on which the building site is declared open in the case of a dwelling acquired in a future state of completion, or the date on which planning permission is obtained in the case of a dwelling that the taxpayer has built. The work mentioned in b, c and d of 2 must be completed no later than 31 December of the second year following the year of acquisition of the premises or dwelling concerned.
4. The application of this tax reduction is, in respect of the acquisition or construction of a dwelling, exclusive, for the same dwelling, of the deduction in respect of depreciation provided for in h of 1° of I of Article 31.
The tenancy may not be entered into with a member of the tax household or, if the dwelling is owned by a company not subject to corporation tax, with one of its partners or with a member of the tax household of one of its partners.
Leasing the accommodation to a public or private organisation that sublets it bare for use as a principal residence to a person other than one of those mentioned in the second paragraph of this 4 does not prevent the benefit of the tax reduction provided that this organisation does not provide any hotel or hotel-related services.
The tax reduction does not apply to housing where the ownership right is dismembered or to housing owned by a company not subject to corporation tax where the ownership right to the shares is dismembered. Nor does it apply to buildings that are listed or registered as historic monuments or have received the label issued by the Fondation du Patrimoine, mentioned in the first paragraph of 3° of I of the article 156, and to housing financed by a loan mentioned in article D. 331-1 of the French Construction and Housing Code for which planning permission has been submitted since 1st January 2010.
II. – The tax reduction only applies to homes whose thermal characteristics and energy performance achieve the minimum results defined in application of Articles L. 171-1 and L. 172-1 of the French Construction and Housing Code. Compliance with this condition is justified by the taxpayer in accordance with procedures defined by decree.
The first paragraph applies from 1 January 2010.
However, for homes acquired new or in a future state of completion by the taxpayer or which the taxpayer has built, which are the subject of a building permit application filed between 1 January and 31 December 2012, and for other homes, which are the subject, in respect of the work mentioned in b, c and d of 2 of I, of a building permit application filed between these same dates, the tax reduction applies on condition that the taxpayer provides evidence of compliance with an overall energy performance level set by decree depending on the type of housing concerned and higher than that required by current legislation.
III. – The rental agreement referred to in I must take effect within twelve months of the date of completion of the property or its acquisition, whichever is the later. This commitment stipulates that the rent must not exceed a ceiling set by the decree provided for in the third paragraph of h of 1° of I of Article 31.
IV. – The tax reduction is calculated on the cost price of the property retained within the limit of ceilings per square metre of habitable surface area set by decree depending on the location of the property and without being able to exceed €300,000.
The rate of the tax reduction is :
– 25% for homes acquired or built in 2009 and 2010;
– 13% for homes acquired or built in 2011;
However, when the taxpayer acquires or has built a new home in respect of which he or she provides evidence of the overall energy performance level mentioned in the last paragraph of II, this rate is increased to 22% ;
– 13% for homes acquired in 2012 for which a building permit application is submitted by 31 December 2011 at the latest and for which the taxpayer provides evidence of the overall energy performance level referred to in the last paragraph of II.
However, for homes for which a building permit application is filed by 31 December 2011 at the latest and for which the taxpayer does not provide evidence of such an overall energy performance level, the tax reduction applies at the rate of 6%;
– 13% for homes acquired or built in 2012 for which a building permit application is filed from 1 January 2012.
When the home is owned jointly, each joint owner benefits from the tax reduction up to the share of the cost price corresponding to his or her rights in the joint ownership.
When the home is owned by a company not subject to corporation tax other than a non-trading property investment company, the taxpayer benefits from the tax reduction up to the share of the cost price corresponding to his or her rights in the home concerned. The taxpayer undertakes to keep his or her shares until the end of the rental commitment referred to in I.
In any one tax year, the taxpayer may only benefit from the tax reduction in respect of the acquisition, construction or conversion of a single dwelling.
The tax reduction is spread over nine years. It is granted in respect of the year of completion of the dwelling or of its acquisition if later and deducted from the tax due in respect of that same year and then from the tax due in respect of each of the following eight years at the rate of one-ninth of its total amount in respect of each of these years.
When the fraction of the tax reduction chargeable in respect of a tax year exceeds the tax owed by the taxpayer in respect of that same year, the balance may be charged against the income tax owed in respect of subsequent years up to and including the sixth year provided that the property is maintained for rental purposes during the said years.
Where the tax reduction is acquired in respect of premises used for purposes other than residential purposes and which the taxpayer converts into housing, the tax reduction may be deducted from the income tax due for the following years, up to and including the sixth year, provided that the property is maintained for rental purposes during the said years, a dwelling that does not meet the decency standards set out in article 6 of law no. 89-462 of 6 July 1989 aimed at improving relations between tenants and amending law no. 86-1290 of 23 December 1986 and undergoing renovation work defined by decree to enable the dwelling to achieve technical performance levels close to those of new dwellings, or a dwelling undergoing work contributing to the production or delivery of a new building within the meaning of 2° of 2 of I of article 257, it is calculated on the purchase price of the premises or dwelling plus the amount of the work and is granted in respect of the year in which the work is completed.
V. – When the property remains let, at the end of the period covered by the rental commitment mentioned in I, under the conditions mentioned in the second paragraph of l of 1° of I of Article 31, for a period of three years, the taxpayer continues to benefit from the tax reduction provided for in this article for a maximum of six additional years. In this case, the annual tax reduction is equal to 4% of the cost price of the home per three-year period, deducted at the rate of one third of its amount from the tax due in respect of each of the years included in the said period.
VI. – A taxpayer may not, for the same dwelling or the same share subscription, simultaneously benefit from one of the tax reductions provided for in Articles 199 decies E to 199 decies G, 199 decies I, 199 undecies A or 199 tervicies and the provisions of this article.
Expenditure on works used to calculate the tax reduction provided for in this article may not be deducted when determining income from property.
VII. – The tax reduction obtained is subject to a reversal in respect of the year during which the following occurs:
1° The breach of the rental commitment or the commitment to retain the units referred to in I, IV or VIII;
2° The dismemberment of the right of ownership of the property concerned or the units. However, this right is not called into question when the dismemberment of this right or the transfer of ownership of the property results from the death of one of the members of the couple subject to joint taxation and the surviving spouse who is the beneficiary of the property or the holder of its usufruct undertakes to comply with the commitments provided for in I and, where applicable, VIII, under the same conditions and according to the same terms, for the period remaining at the date of death.
VIII. – The tax reduction is applicable, under the same conditions, to the shareholder of a société civile de placement immobilier governed by articles L. 214-114 et seq. of the Monetary and Financial Code, whose share of income is, pursuant to Article 8, subject on its behalf to income tax in the property income category.
The rate of the tax reduction is :
– 25% for subscriptions made in 2009 and 2010;
– 13% for subscriptions made in 2011;
However, when 95% of the subscription is used exclusively to finance the housing units mentioned in the fifth paragraph of IVthis rate is increased to 22% ;
– 13% for subscriptions made in 2012, provided that 95% of the subscription is used exclusively to finance housing that is the subject of a building permit application filed no later than 31 December 2011 and that complies with the overall energy performance level referred to in the last paragraph of II.
However, for subscriptions made in 2012 other than those mentioned in the sixth paragraph which are used to finance housing for which a building permit application has been filed by 31 December 2011 at the latest, the tax reduction applies at the rate of 6%;
– 13% for subscriptions made in 2012 which are used to finance housing for which a building permit application has been filed from 1 January 2012.
The tax reduction, which does not apply to shares in which ownership rights are stripped, is subject to the condition that 95% of the subscription is used exclusively to finance an investment for which the conditions for application of this article are met. In addition, the company must undertake to let the property under the conditions set out in this article. The shareholder must undertake to retain all of his shares until the end of the rental commitment entered into by the company. The proceeds of the annual subscription must be fully invested within eighteen months of the end of the subscription period.
For any one tax year, the amount of the subscription entitling the taxpayer to the tax reduction may not exceed €300,000.
The tax reduction is spread over nine years. It is granted in respect of the year of subscription and deducted from the tax due in respect of that same year and then from the tax due in respect of each of the following eight years at the rate of one-ninth of its total amount in respect of each of those years.
When the fraction of the tax reduction chargeable in respect of a tax year exceeds the tax owed by the taxpayer in respect of that same year, the balance may be charged against the income tax owed in respect of subsequent years up to and including the sixth year, provided that the property is maintained for rental purposes during the said years.
The application of this tax reduction is, in respect of the same subscription of units, exclusive of the deduction in respect of depreciation provided for in article 31 bis.
IX. – The total amount of expenditure retained for the application of this article in respect of, on the one hand, the acquisition, construction or conversion of a dwelling and, on the other hand, share subscriptions, may not exceed 300,000 € overall per taxpayer and for the same tax year.
X. – With effect from the publication of a decree by the ministers responsible for the budget and housing classifying communes by geographical zones according to housing supply and demand, the tax reduction provided for in this article is no longer granted in respect of housing located in communes classified in geographical zones not characterised by an imbalance between housing supply and demand and acquired with effect from the day after the date of publication of this decree.
However, this tax reduction also applies to homes located in the communes mentioned in the first paragraph if they have been approved by the Minister for Housing, under conditions defined by decree, after consultation with the mayor of the commune in which the home is located or the president of the public institution for inter-communal cooperation with territorial responsibility for town planning. The Minister’s decision as to whether or not to grant approval must take into account the need for housing suited to the population.
XI.-The investments mentioned in I and VIII and relating to housing located in the overseas departments, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia and the Wallis and Futuna Islands or to subscriptions used under the conditions defined in the ninth paragraph of VIII to finance such housing are entitled to the tax reduction provided for in this article under the same conditions, subject to the adaptations provided for in this XI.
a) For these investments, the rate of the reduction is equal:
1° To 36% for housing acquired or built and for subscriptions made between the date of promulgation of the loi n° 2009-594 du 27 mai 2009 pour le développement économique des outre-mer and 31 December 2011;
2° At 24% for homes acquired or built and for subscriptions made in 2012;
3° (Repealed).
b) For investments made from 1 January 2011 relating to housing located in New Caledonia, French Polynesia or the Wallis and Futuna Islands:
1° The minimum duration of the rental commitment provided for in the first paragraph of I is set at five years;
2° The number of years, referred to, depending on the case, in the twelfth paragraph of IV or the eleventh paragraph of VIII, over which the tax reduction is spread, is set at five;
3° The tax reduction granted, as the case may be, in respect of the year of completion of the home or its acquisition if later, as referred to in the twelfth paragraph of IV, or in respect of the subscription, as referred to in the eleventh paragraph of VIII, is deducted from the tax due in respect of that same year and then from the tax due in respect of each of the following four years at a rate of one fifth of its total amount in respect of each of those years.
The last paragraph of II is not applicable to this XI.
For the application of this XI, the rent ceiling mentioned in III as well as the conditions mentioned in the second paragraph of l of 1° of I of article 31 may be adapted by decree.