The following may pay value added tax at their request:
1° (Provision no longer applicable).
2° Persons who let bare premises for the purposes of the business of a lessee liable for value added tax or, if the lease is entered into on or after 1 January 1991, for the purposes of the business of a non-taxable lessee.
The option cannot be exercised:
a. If the bare premises let are for residential or agricultural use;
b. If the lessee is not a taxable person, except where the lease mentions the option by the lessor (1).
3° (Repealed);
4° (Repealed);
5° Persons who grant a lease referred to in 1° bis of article 261 D;
5° bis Persons who carry out a transaction referred to in 5 of article 261;
6° From 1st October 1988, persons who rent out land and farm buildings for agricultural use. The option may only be exercised if the lessee is liable for value added tax and it applies to all leases entered into by the same lessor with farmers meeting this condition (2).
The terms and conditions of the option, in particular, for the application of 6°, the terms and conditions for valuing residential buildings where they are not the subject of a separate lease, are set by decree in the Conseil d’Etat.