I. – A tax on certain advertising expenses is introduced with effect from 1 January 1998.
II. – This tax is payable by any person liable to value added tax whose turnover for the previous calendar year exceeds €763,000 excluding value added tax.
III. – It is based on expenditure incurred during the previous calendar year for the following purposes:
1° The production or distribution of printed advertising material;
2° Advertisements and insertions in newspapers made available to the public free of charge.
However, the following are excluded from the tax base:
a) Expenditure incurred for the purposes of activities not subject to value added tax pursuant to the provisions of article 256 B, 9° of 4 or 1° of 7 of article 261;
b) Expenditure relating to the production or distribution of addressed catalogues, intended for mail order or distance selling transactions.
IV. – The rate of the tax is set at 1% of the amount excluding value added tax of these expenses.
V. – The tax is declared and settled on the appendix to the declaration of transactions for the month of March of the year in respect of which the tax is due, filed pursuant to Article 287.
It is paid at the latest when this declaration is filed.
VI. – The tax is established, recovered and controlled according to the same procedures and subject to the same penalties, guarantees and privileges as value added tax.
Claims are presented, investigated and judged according to the rules applicable to this same tax.