I. – The tax credit defined in article 244 quater U is deducted up to one-fifth of its amount from the income tax due by the taxpayer in respect of the year in during which the credit institution or finance company paid out repayable advances under the conditions set out in this article and in equal fractions on the income tax due for 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 repayment period of the advance, and as long as the advance has not been repaid in full, it appears that the conditions mentioned in I, VI bis and VI ter of Article 244 quater U 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:
a) Where the estimate or invoice for all or part of the work financed does not substantiate the information contained in the description mentioned in 5 of the same I, the company carrying out this work is liable for a fine equal to 10% of the amount of work not substantiated. This fine may not exceed the amount of the tax credit. A decree sets out the terms and conditions for the application of this a;
b) When the beneficiary fails to provide proof that the work has been carried out or is eligible within the timeframe set out in 5 of the said I, with the exception of the cases mentioned in a of this 1, the State will require the beneficiary to reimburse the benefit unduly received. This may not exceed the amount of the tax credit plus 25%. A decree defines the terms and conditions for the repayment of the undue benefit by the beneficiary of the interest-free repayable advance.
2. If, during the repayment period of the advance, and as long as the advance has not been repaid in full, the conditions relating to the use of the property mentioned in I of article 244 quater U 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 to the beneficiaries in the cases mentioned in the first paragraph of 1 and in 2 in accordance with the procedures defined by decree.
III. – In the event of early repayment of the repayable advance referred to in Article 244 quater U occurring during the period for which the tax credit can be charged, the fractions of the tax credit remaining to be charged may no longer be used by the credit institution or finance company.