I. – The credit institutions or finance companies mentioned in Article L. 511-1 of the French Monetary and Financial Code, which are liable for corporation tax, income tax or an equivalent tax and have their registered office in a Member State of the European Union or in another State party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France to combat tax fraud and tax evasion, are eligible for a tax credit in respect of non-interest-bearing repayable advances granted to individuals, subject to means testing, for the acquisition or construction of a primary residence for first-time home ownership and paid during the tax year or the financial year.
The amount of the interest-free repayable advance may, where applicable, finance all of the work planned by the beneficiary of this advance when acquiring this residence.
Remplify the first ownership condition mentioned in the first paragraph for natural persons who are beneficiaries of the interest-free repayable advance and who have not owned their principal residence during the last two years prior to the offer of the said advance.
However, this condition is not required in the following cases:
a) When the beneficiary of the repayable advance or one of the main occupants of the home is the holder of the “mobility inclusion” card bearing the “disability” mention mentioned in article L. 241-3 of the Code de l’action sociale et des familles;
b) When the beneficiary of the repayable advance or one of the main occupants of the residence benefits from an allowance granted under the provisions of articles L. 821-1 à L. 821-8 or L. 541-1 to L. 541-3 of the Social Security Code;
c) When the beneficiary of the repayable advance or one of the occupants of the residence on a principal basis is the victim of a disaster that has resulted in their principal residence becoming permanently uninhabitable.
The allocation of these repayable advances depends on the total resources and the number of people intended to be the main occupants of the residence of the beneficiaries of the said advances, the location and whether the property is new or old.
When the interest-free repayable advance is offered, the total amount of resources to be taken into account means the sum of reference tax income, within the meaning of 1° of IV of Article 1417, of the persons mentioned in the eighth paragraph in respect of:
1° The penultimate year preceding that of the offer of the advance when the latter occurs between 1 January and 31 May;
2° The year preceding that of the offer of the advance when the latter occurs between 1 June and 31 December.
In the event that the composition of the tax household or households of the persons mentioned in the eighth paragraph included, in the year used to determine the total amount of resources, persons who are not intended to be the main occupants of the property, the reference tax income or incomes, within the meaning of 1° of IV of Article 1417, concerned are corrected to take into account only the persons mentioned in the eighth paragraph, where applicable on a flat-rate basis.
The total amount of resources to be taken into account must not exceed €64,875.
The amount of the interest-free repayable advance is capped at €32,500.
This latter amount is increased by 50% in the priority neighbourhoods of the city policy and in the urban free zones-entrepreneurial territories mentioned in Article 42 of Law no. 95-115 of 4 February 1995 on regional planning and development.
Until 31 December 2010, the maximum amount of the interest-free repayable advance is increased by €15,000 for social home ownership transactions relating to the construction or acquisition of new homes and giving rise to social home ownership assistance granted by one or more local authorities or by a group of local authorities in the area where the home is located, under the conditions set out in article L. 312-2-1 of the French Construction and Housing Code. The resources of households benefiting from this increase must be less than or equal to the resource ceilings allowing access to the social rental housing referred to in I of Article R. 331-1 of the same code.
The maximum amount of the interest-free repayable advance is increased by €20,000 for transactions relating to the construction or acquisition of new housing or housing in the future state of completion for which the high level of overall energy performance, determined under conditions set by decree and justified by the beneficiary of the advance, is higher than that required by current legislation.
A decree in the Conseil d’Etat defines the financial characteristics and the conditions for granting the interest-free repayable advance.
II. – The amount of the tax credit is equal to the discounted sum of the differences between the monthly instalments due under the interest-free repayable advance and the monthly instalments of a loan granted under normal interest rate conditions on the date the offer of the interest-free repayable advance was issued.
The procedures for calculating the tax credit and determining this rate are set by decree in the Conseil d’Etat.
The tax credit resulting from the application of the first and second paragraphs gives rise to an inalienable and non-transferable claim for the same amount in favour of the credit institution or finance company. This claim constitutes taxable income, one-fifth of which is attached to the financial year during which the credit institution or finance company paid out interest-free repayable advances and in equal instalments over subsequent financial years.
In the event of a merger, the claim of the absorbed company is transferred to the absorbing company. In the event of a demerger or partial contribution of assets, the claim is transferred to the company receiving the contributions on condition that all the related zero-rate loans paid to individuals by the demerged or contributing company are transferred to the company receiving the contributions.
III. – The benefit of the tax credit is subject to the conclusion of an agreement between the credit institution or finance company mentioned in I and the State, in accordance with a standard agreement approved by joint order of the Minister for the Economy and the Minister for Housing.
IV. – An agreement between the credit institution or finance company mentioned in I and the body responsible for managing the Fonds de garantie de l’accession sociale à la propriété mentioned in Article L. 312-1 of the French Construction and Housing Code defines the procedures for the declaration by the credit institution or finance company of repayable advances, the control of the eligibility of repayable advances and the monitoring of tax credits.
V. – The body responsible for managing the Fonds de garantie de l’accession sociale à la propriété mentioned in IV is required to provide the tax authorities within four months of the end of the financial year of each credit institution or finance company with information relating to the interest-free repayable advances paid by each credit institution or finance company, the total amount of the corresponding tax credits obtained and their monitoring.
VI. – Where the partnerships referred to in Articles 8 and 238 bis L, or groupings referred to in Articles 239 quater, 239 quater B and 239 quater C are not subject to corporation tax, the tax credit may be used by the partners in proportion to their rights in these companies or groupings, provided that they are liable for corporation tax or natural persons participating in the operation within the meaning of 1° bis of I of Article 156.