I. – The tax credit defined in article 244 quater J is deducted up to one fifth of its amount from the income tax due by the taxpayer in respect of the year during which the credit institution or finance company paid out repayable advances under the conditions provided for in this article and in equal fractions from the income tax due in respect of the following four years. If the fraction of the tax credit exceeds the tax due in respect of each of these years, the excess is refunded.
II. – 1. If, during the period of repayment of the advance, and as long as it has not been repaid in full, it appears that the conditions mentioned in I of article 244 quater J set for the granting of the repayable advance have not been met, the tax credit is repaid by the credit institution or finance company. By way of exception, if the conditions relating to the justification of the resources declared by the beneficiary are not met, the State requires the beneficiary to repay the benefit unduly received. This may not exceed the amount of the tax credit plus 25%. A decree by the Conseil d’Etat defines the procedures for the repayment of the undue advantage by the beneficiary of the interest-free repayable advance.
2. If, during the repayment period of the advance, and as long as it has not been repaid in full, the conditions relating to the use of the housing and its characteristics mentioned in I of Article 244 quater J set for the granting of the repayable advance are no longer met, the fractions of the tax credit remaining to be charged may no longer be used by the credit institution or finance company.
3. The offer of the interest-free repayable advance issued by the credit institution or finance company may provide for this advance to be payable by the beneficiaries in the cases mentioned in 1 and 2 in accordance with the procedures defined by decree in the Conseil d’Etat.
III. – In the event of early repayment of the repayable advance referred to in Article 244 quater J occurring during the period for which the tax credit is charged, the fractions of the tax credit remaining to be charged may no longer be used by the credit institution or finance company.
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