I. – Property expenses deductible in determining net income include:
1° For urban properties:
a) Repair and maintenance expenses actually borne by the owner;
a bis) Insurance premiums;
a ter) The amount of expenses borne on behalf of the tenant by the owner for which the latter has been unable to obtain reimbursement, as at 31 December of the year in which the tenant left;
a quater) The provisions for expenses, whether or not included in the provisional budget of the co-ownership, provided for in article 14-1 of law no. 65-557 of 10 July 1965 laying down the status of co-ownership of built-up properties, borne by the owner, less the amount of provisions deducted the previous year which correspond to non-deductible expenses ;
b) Improvement expenses relating to residential premises, excluding expenses corresponding to construction, reconstruction or extension work, as well as expenses in respect of which the owner benefits from the income tax credit provided for in article 200 quater or that provided for in article 200 quater A ;
b bis) Expenditure on improvements to professional and commercial premises designed to protect these premises from the effects of asbestos or to make it easier to accommodate the disabled, excluding costs corresponding to construction, reconstruction or extension work;
b ter) (repealed)
b quater) (repealed)
c) Taxes, other than those normally payable by the occupier, levied in respect of the said properties, for the benefit of local authorities, certain public establishments or various bodies, with the exception of the annual taxes on office premises, commercial premises, storage premises and parking areas provided for in articles 231 ter and 231 quater ;
d) Interest on debts contracted for the conservation, acquisition, construction, repair or improvement of properties, including those of which the taxpayer is the bare owner and of which the usufruct belongs to a low-cost housing organisation mentioned in article L. 411-2 of the French Construction and Housing Code, a semi-public company or an organisation with the approval provided for in Article L. 365-1 of the same code;
e) Management costs, set at €20 per premises, plus, where these expenses are actually borne by the owner, the costs of remunerating wardens and caretakers, procedural costs and the costs of remuneration, fees and commission paid to a third party for the management of the properties;
e bis) Expenses borne by a property investment fund mentioned in article 239 nonies in respect of operating and management costs in proportion to the assets mentioned in a of 1° of II of article L. 214-81 of the Monetary and Financial Code held directly or indirectly by the fund, excluding variable management fees received by the management company mentioned in Article L. 214-61 of the same code based on the performance achieved.
Management, subscription and transaction fees borne directly by the unitholders of a real estate investment fund mentioned in article 239 nonies are not included in the property expenses allowed as a deduction ;
f) for housing located in France, acquired new or in a future state of completion between 1 January 1996 and 31 December 1998 and at the taxpayer’s request, a depreciation deduction equal to 10% of the purchase price of the housing for the first four years and 2% of this price for the following twenty years. The depreciation period starts on the first day of the month in which the building is completed or acquired, whichever is later.
The advantage provided for in the first paragraph is applicable, under the same conditions, to housing allocated for rental after renovation provided that their acquisition falls within the scope of I of article 257 and to housing that the taxpayer has built and which has been the subject, before 31 December 1998, of the declaration of commencement of work provided for in article R. * 421-40 of the town planning code. The same applies to accommodation rented out after conversion where these premises were used for purposes other than residential purposes prior to their acquisition. In this case, the depreciation allowance is calculated on the basis of the purchase price of the premises plus the cost of the conversion work. The depreciation period begins on the first day of the month in which the work is completed.
The option, which must be exercised when filing the tax return for the year in which the building is completed or acquired, whichever is later, is irrevocable for the property in question and includes a commitment by the owner to rent the property bare for a period of nine years. The lease must take effect within twelve months of the date of completion of the building or its acquisition, whichever is later. In the event of a transfer free of charge, the heir(s), legatee(s) or donee(s), may request that the scheme provided for in the first and second paragraphs be reinstated in their favour, under the same terms and conditions, for the depreciation period remaining at the date of the transfer.
When the option is exercised, the provisions of b do not apply but the following rights are available:
1. expenditure on reconstruction and extension entitles the owner to a deduction, by way of depreciation, equal to 10% of the amount of the expenditure for the first four years and 2% of this amount for the following twenty years. The owner must undertake to let the property for a further period of nine years;
2. improvement expenditure is eligible for a depreciation deduction equal to 10% of the amount of the expenditure for ten years.
The depreciation period starts on the first day of the month in which the work is completed.
The provisions of the first to seventh paragraphs apply under the same conditions when the properties are owned by a company not subject to corporation tax on condition that the unit holders undertake to hold the securities until expiry of the nine-year period mentioned in the third paragraph and 1.
The net property income for the year in which one of the undertakings defined in the third to eighth paragraphs is not complied with is increased by the amount of depreciation deducted. For tax purposes, the fraction of net property income corresponding to this increase is divided by the number of calendar years during which the depreciation was deducted; the result is added to the net global income for the year in which the commitment is broken and the corresponding tax is equal to the product of the additional contribution thus obtained by the number of years used to determine the quotient. In the event of disability corresponding to classification in the second or third of the categories provided for in Article L. 341-4 of the Social Security Code, redundancy or death of the taxpayer or of one of the spouses subject to joint taxation, this increase does not apply.
For the same dwelling, the provisions of this f are exclusive of the application of the provisions of articles 199 nonies to 199 undecies A.
The provisions of this f apply, under the same conditions, to dwellings acquired new or in a future state of completion between 1 January 1999 and 31 August 1999 when the following conditions are met:
1. The building permit provided for in article L. 421-1 of the town planning code must have been issued before 1 January 1999;
2. The construction of the dwellings must have been completed before 1 July 2001.
For the application of the provisions of the eleventh to thirteenth paragraphs, taxpayers must attach to the tax return referred to in the third paragraph a copy of the notification of the decree issuing the building permit and the declaration of completion of the works accompanied by the documents attesting to its receipt at the town hall.
A decree in the Conseil d’Etat shall determine the terms and conditions for the application of this f, in particular the reporting obligations incumbent on the taxpayers and companies mentioned therein, as well as the terms and conditions for calculating the deductions made in respect of the depreciation in question ;
g) For housing located in France, acquired new or in a future state of completion between 1 January 1999 and 2 April 2003, and at the taxpayer’s request, a depreciation deduction equal to 8% of the purchase price of the housing for the first five years and 2.5% of this price for the following four years. The depreciation period starts on the first day of the month in which the building is completed or acquired, whichever is later.
The depreciation deduction is applicable, under the same conditions, to homes that the taxpayer has built and which have been the subject, between 1 January 1999 and 2 April 2003, of the declaration of the start of construction work provided for in article R. * 421-40 of the town planning code. The same applies to premises used for purposes other than residential purposes acquired between 1 January 1999 and 2 April 2003 that the taxpayer converts into housing. In this case, the depreciation deduction is calculated on the purchase price of the premises plus the cost of the conversion work. The depreciation period begins on the first day of the month in which the work is completed.
The deduction is subject to an option that must be exercised when filing the tax return for the year in which the building is completed or acquired, whichever is later. This option is irrevocable for the property in question and requires the owner to commit to letting the property for at least nine years as a principal residence to a person other than a member of the owner’s tax household. The lease must take effect within twelve months of the date of completion of the building or its acquisition, whichever is later. The commitment also stipulates that the rent and the tenant’s income as assessed on the date the lease is signed must not exceed ceilings set by decree. The rental of the property granted under the conditions set out in the second paragraph of j to a public or private organisation for the accommodation of its staff as their main residence, excluding the owner of the property, his or her spouse, or the members of his or her tax household, does not preclude the benefit of the deduction.
At the end of the period covered by the rental commitment, as long as the rent condition stipulated in the third paragraph remains met, the owner may, for periods of three years and for a maximum period of six years, benefit from a depreciation deduction equal to 2.5% of the purchase price or cost price of the property in the event of continuation, renewal or renewal of the lease or, if the means test stipulated in the third paragraph is met, in the event of a change of leaseholder. In the event of non-compliance with the terms of the lease or sale of the property, the deductions made throughout the three-year period are challenged under the conditions of ordinary law.
Deduction for depreciation is not applicable to income from property where ownership is divided. However, where the transfer of ownership of the property or the dismemberment of this right is the result of the death of one of the spouses subject to joint taxation, the surviving spouse who is the beneficiary of the property or the holder of its usufruct may request that the scheme provided for in this g be reinstated in his or her favour, under the same terms and conditions, for the period remaining at the date of death.
When the option is exercised, the provisions of b are not applicable, but the following rights are open:
1. Expenditure on reconstruction and enlargement is eligible for a deduction, by way of depreciation, equal to 8% of the amount of the expenditure for the first five years and 2.5% of this amount for the following four years. The owner must undertake to let the property under the conditions set out in the third paragraph for a further nine years. At the end of the period covered by the rental commitment, as long as the rental condition set out in the third paragraph is still met, the owner may, for periods of three years and for a maximum of six years, benefit from a depreciation allowance equal to 2.5% of the amount of expenditure if the lease is continued, extended or renewed or, if the means test set out in the third paragraph is met, if the leaseholder changes. In the event of non-compliance with the terms of the lease or transfer of the property, the deductions made during the entire three-year period are called into question under the conditions of ordinary law.
2. Improvement expenditure gives entitlement to a deduction, by way of depreciation, equal to 10% of the amount of the expenditure for ten years.
The depreciation period starts on the first day of the month in which the work is completed.
The provisions of this g apply under the same conditions when the property is owned by a company not subject to corporation tax, provided that the shareholder undertakes to retain all of his shares until the end of the nine-year period mentioned in the third paragraph and 1.. If a property owned by the company is rented to one of the shareholders or to a member of a shareholder’s tax household, the shareholder cannot claim the depreciation allowance. In addition, the depreciation allowance does not apply to income from shares where ownership is divided. However, when the transfer of ownership of the securities or the dismemberment of this right results from the death of one of the spouses subject to joint taxation, the surviving spouse allocated the securities or holding their usufruct may request the resumption in his or her favour, under the same conditions and according to the same procedures, of the arrangement provided for in this g for the period remaining to run on the date of death.
The net property income for the year in which one of the commitments defined in this g is not met is increased by the amount of depreciation deducted. For tax purposes, the fraction of the net property income corresponding to this increase is divided by the number of calendar years during which the depreciation was deducted; the result is added to the net global income for the year in which the commitment is broken and the corresponding tax is equal to the product of the additional contribution thus obtained by the number of years used to determine the quotient. In the event of disability corresponding to classification in the second or third of the categories provided for in Article L. 341-4 of the Social Security Code, redundancy or the death of the taxpayer or one of the spouses subject to joint taxation, this increase does not apply.
For the same dwelling, the provisions of this g are exclusive of the application of the provisions of Articles 199 undecies or 199 undecies A.
h) For housing located in France, acquired new or in a future state of completion between 3 April 2003 and 31 December 2009, and at the taxpayer’s request, a depreciation deduction equal to 6% of the purchase price of the housing for the first seven years and 4% of this price for the following two years. The depreciation period starts on the first day of the month in which the building is completed or acquired, whichever is later.
The depreciation deduction is applicable, under the same conditions, to homes that the taxpayer has built and which have been the subject, between 3 April 2003 and 31 December 2009, of the declaration of the start of construction work provided for in article R. * 421-40 of the town planning code. The same applies to premises used for purposes other than residential purposes acquired on or after 3 April 2003 and which the taxpayer converts into housing, properties acquired on or after 3 April 2003 that do not meet the decency standards set out in article 6 of law no. 89-462 of 6 July 1989 aimed at improving relations between tenants and amending law no. 86-1290 of 23 December 1986, and which have undergone renovation work as defined by decree to enable the properties to achieve technical performance levels similar to those of new properties, where the work to convert the premises or renovate the property was declared as having been started before 31 December 2009. In these cases, the depreciation deduction is calculated on the basis of the purchase price of the premises plus the cost of the conversion or renovation work. The depreciation period begins on the first day of the month in which the work is completed.
The deduction is subject to an option that must be exercised when filing the tax return for the year in which the building is completed or acquired, whichever is later. This option is irrevocable for the property in question and requires the owner to commit to letting the property for at least nine years as a principal residence to a person other than a member of the owner’s tax household. The lease must take effect within twelve months of the date of completion of the building or its acquisition, whichever is later. The commitment also stipulates that the rent must not exceed a ceiling set by decree. Leasing the property to a public or private organisation that sublets it bare for use as a main residence to a person other than the owner of the property, his or her spouse or the members of his or her tax household, does not prevent the property from qualifying for the deduction, provided that this organisation does not provide any hotel or hotel-related services.
The deduction for depreciation does not apply to income from properties where the right of ownership is dismembered. However, when the transfer of ownership of the property or the dismemberment of this right results from the death of one of the spouses subject to joint taxation, the surviving spouse who is the beneficiary of the property or the holder of its usufruct may request that the scheme provided for in this h be reinstated in his or her favour, under the same terms and conditions, for the period remaining at the date of death.
When the option is exercised, the provisions of b are not applicable, but the following rights are open:
1. Expenditure on reconstruction and enlargement is eligible for a deduction, by way of depreciation, equal to 6% of the amount of the expenditure for the first seven years and 4% of this amount for the following two years. The owner must undertake to let the property under the conditions set out in the third paragraph for a further nine years.
2. Improvement expenditure is eligible for a depreciation deduction equal to 10% of the amount of the expenditure for ten years.
The depreciation period starts on the first day of the month in which the work is completed.
The provisions of this h apply under the same conditions when the property is owned by a company not subject to corporation tax other than a société civile de placement immobilier, on condition that the unit holder undertakes to retain all of its securities until the expiry of the nine-year period mentioned in the third paragraph and 1.
If a dwelling owned by the company is rented to one of the partners or to a member of a partner’s tax household, the latter cannot benefit from the depreciation deduction. In addition, the depreciation allowance does not apply to income from shares where ownership is divided. However, when the transfer of ownership of the securities or the dismemberment of this right results from the death of one of the spouses subject to joint taxation, the surviving spouse allocated the securities or holding their usufruct may request the resumption in his or her favour, under the same conditions and according to the same procedures, of the arrangement provided for in this h for the period remaining at the date of death.
The net property income for the year in which one of the commitments defined in this h is not met is increased by the amount of depreciation deducted. For tax purposes, the fraction of the net property income corresponding to this increase is divided by the number of calendar years during which the depreciation was deducted; the result is added to the net global income for the year in which the commitment is broken and the corresponding tax is equal to the product of the additional contribution thus obtained by the number of years used to determine the quotient. In the event of disability corresponding to classification in the second or third of the categories provided for in Article L. 341-4 of the Social Security Code, redundancy or death of the taxpayer or one of the spouses subject to joint taxation, this increase does not apply.
For the same dwelling, the provisions of this h are exclusive of the application of the provisions of Articles 199 undecies or 199 undecies A. They do not apply to monuments classified as historical monuments, registered as historical monuments or having received the label issued by the Fondation du patrimoine, mentioned in the first paragraph of 3° of I of article 156.
The deduction for depreciation of housing acquired new, in the future state of completion or that the taxpayer has built is only applicable to housing whose thermal characteristics and energy performance reach the minimum results defined in application of articles L. 171-1 and L. 172-1 of the code de la construction et de l’habitation . Compliance with this condition is justified by the taxpayer in accordance with procedures defined by decree.
This h applies to housing located in communes classified in geographical areas characterised by an imbalance between housing supply and demand. An order by the ministers responsible for the budget and housing, revised at least every three years, establishes the classification of communes by zone.
i) Expired
j) A deduction set at 26% of gross income in respect of the first six years of rental of housing which cannot give rise to either of the schemes provided for in f, g and h and which, meeting habitability standards as defined by decree, are rented by an individual or a company not subject to corporation tax under a lease entered into between 1 January 1999 and 30 September 2006. The taxpayer or company that owns the property must undertake to rent it out for at least six years to people who will use it as their main residence. This commitment also stipulates that the rent and the tenant’s resources, as assessed on the date the lease is entered into, must not exceed ceilings set by decree, and that the lease may not be entered into with a member of the taxpayer’s tax household, an ascendant or descendant of the taxpayer, a person already occupying the property or, if the property is owned by a company not subject to corporation tax, one of its partners or a member of the tax household, an ascendant or descendant of a partner. Partners in the above companies undertake to hold their shares for at least six years. A taxpayer may not, for the same property or the same share subscription, claim the tax reduction mentioned in article 199 undecies A and benefit from the deduction at the rate of 26% provided for in this paragraph. When the rental period is suspended after a period of at least three years in favour of an ascendant or descendant of the taxpayer, the deduction does not apply and the period during which the property is made available to an ascendant or descendant is not taken into account for the minimum rental period of six years. The period for which the property is made available may not exceed nine years.
Leasing the property to a public or private body for the purpose of housing its staff as their main residence, excluding the owner of the property, his or her spouse, members of his or her tax household or descendants or ascendants, does not prevent the property from being eligible for the deduction. A decree specifies the conditions for this rental, in particular the methods for assessing the rent and the resources of the occupant.
In the event of non-compliance with one of the commitments mentioned in the first paragraph or the sale of the dwelling or the company shares, the deduction is subject to a reversal in respect of the year in which the commitment is broken or the sale takes place. In the event of disability corresponding to classification in the second or third of the categories provided for in article L. 341-4 of the Social Security Code, redundancy or death of the taxpayer or of one of the spouses subject to joint taxation, this reversal is not applied.
k) A deduction set at 26% of gross income, for housing located in a rural regeneration zone, when the option provided for in h is exercised, or, for housing in respect of which the tax reduction provided for in article 199 septvicies has been acquired, when the commitments provided for in this article are met and for the duration of these.
l) A deduction set at 30% of gross income where the taxpayer has exercised the option provided for in h during the term of the commitment to rent the accommodation or from accommodation in respect of which the tax reduction provided for in article 199 septvicies has been acquired when the taxpayer complies with the commitments provided for in I or V of this article and for the duration thereof.
For the application of the first paragraph, the persons concerned, the eligible investments and the conditions for applying this deduction are identical to those provided for in h or article 199 septvicies. However, the rental agreement must stipulate that the tenant is a person other than an ascendant or descendant of the taxpayer and that the rent and the tenant’s resources, as assessed on the date the lease is entered into, must not exceed ceilings set by decree at levels lower, for rents, than four-fifths of those mentioned in the third paragraph of h or in III of article 199 septvicies. The rental commitment may be suspended, at the end of a rental period of at least three years, in order to make the property available to an ascendant or descendant of the taxpayer. During this period, the taxpayer does not benefit from the depreciation allowance. This period of making the property available, which may not exceed nine years, is not taken into account for the minimum rental period of nine years.
When the property is owned by a company not subject to corporation tax, the tenant must be a person other than one of the partners or a member of the tax household, an ascendant or descendant of a partner.
At the end of the period covered by the rental commitment for the housing for which the taxpayer has exercised the option provided for in h, as long as the conditions regarding the tenant’s rent and resources provided for in the second paragraph continue to be met, the owner may, for periods of three years and for a maximum period of six years, benefit from a supplement to the depreciation deduction provided for in h equal to 2.5% of the acquisition price or cost price of the housing in the event of continuation, renewal of the lease or change of leaseholder. In the event of non-compliance with the terms of the lease or sale of the property, the additional deductions applied during the entire three-year period are called into question under the conditions of ordinary law.
The first three paragraphs are applicable, under the same conditions and limits, to non-trading property investment companies governed by articles L. 214-114 et seq. of the Monetary and Financial Code in proportion to the gross income corresponding to the rights of shareholders who have opted for the depreciation deduction provided for in article 31 bis of this code.
For the same dwelling, the provisions of this l are exclusive of the application of those provided for in j and k.
m) For leases entered into on or after 1 October 2006, a deduction set at 30% of the gross income from dwellings let if these dwellings are the subject of an agreement referred to in article L. 321-4 of the Construction and Housing Code and entered into no later than 31 December 2016. This deduction is granted as from the date on which the agreement comes into effect and throughout its period of application.
This deduction is increased to 60% of the gross income from the accommodation when this accommodation is the subject of an agreement referred to in article L. 321-8 of the French Construction and Housing Code and entered into no later than 31 December 2016. This deduction is granted from the date on which the agreement takes effect and throughout its period of application.
A decree specifies the terms and conditions for these agreements to take effect.
When, on expiry of one of the agreements mentioned in article L. 321-4 or L. 321-8 of the French Construction and Housing Code and entered into no later than 31 December 2016, including after a three-year extension period, the rental contract for the accommodation concerned is still valid in accordance with article 10 of law no. 89-462 of 6 July 1989 aimed at improving rental relations and amending law no. 86-1290 of 23 December 1986, the benefit of one of the deductions from gross income provided for in this m is maintained until the date set for the renewal or extension of this rental contract, as long as the same tenant remains in place and all the conditions, particularly those relating to rent, are met.
The taxpayer or the company owning the property must rent the property bare throughout the term of the agreement to people who use it as their main residence. For the application of the first paragraph, the rent and the tenant’s resources assessed on the date the lease is entered into must not exceed ceilings set at levels lower than those provided for in the first paragraph of j. The lease may not be entered into with a member of the taxpayer’s household, an ascendant or descendant of the taxpayer, a person already occupying the property, except when the lease is renewed, or if the property is owned by a company not subject to corporation tax, one of its partners or a member of the taxpayer’s household, an ascendant or descendant of a partner. The members of a company not subject to corporation tax must retain their shares throughout the term of the agreement.
When it is the subject of an agreement mentioned in articles L. 321-4 or L. 321-8 of the Code de la construction et de l’habitation and entered into by 31 December 2016 at the latest, the rental of the property granted under the same conditions to a public or private organisation for the housing or accommodation of natural persons for use as their main residence, excluding the owner of the property, members of their tax household or their descendants or ascendants, does not preclude the benefit of the deduction, provided that this organisation does not provide any hotel or para-hotel services. A decree specifies the methods for assessing the rent and the resources of the occupant, as well as the conditions for this rental.
For leases entered into after the entry into force of law no. 2009-323 of 25 March 2009 on mobilisation for housing and the fight against exclusion, this deduction is increased to 70% of the gross income from housing let under an agreement mentioned in articles L. 321-4 or L. 321-8 of the Code de la Construction et de l’Habitation and entered into by 31 December 2016 at the latest, where the accommodation is let to a public or private body, either with a view to its subletting, furnished or unfurnished, to persons mentioned in II of article L. 301-1 of the same code or to individuals whose situation requires a transitional rental solution, or with a view to the accommodation of these same persons. This deduction applies for the duration of the rental period. It applies to housing located in communes classified as geographical areas characterised by an imbalance between housing supply and demand as defined by decree.
These provisions are exclusive of those set out in f to l, article 199 decies I and article 199 undecies A.
n) Periodised
o) 1. A fixed deduction:
A. – For housing located in communes classified by order of the ministers responsible for the budget and housing in geographical areas characterised by a significant imbalance between housing supply and demand leading to difficulties in accessing housing in the existing rental stock:
-30% of the gross income from housing let under an agreement mentioned in article L. 321-4 of the French Construction and Housing Code entered into on or after 1 January 2017 and for which the date on which the application for approval is registered by the Agence nationale de l’habitat is 28 February 2022;
-70% of the gross income from housing let under an agreement referred to in Article L. 321-8 of the same code entered into on or after 1 January 2017 and for which the date of registration by the Agence nationale de l’habitat of the application for an agreement runs until 28 February 2022.
B. – In geographical areas characterised by an imbalance between housing supply and demand, other than those mentioned in A of this 1:
-15% of the gross income from housing let under an agreement mentioned in Article L. 321-4 of the French Construction and Housing Code entered into on or after 1 January 2017 and for which the date on which the application for approval is registered by the Agence nationale de l’habitat is 28 February 2022;
-50% of the gross income from housing let under an agreement referred to in Article L. 321-8 of the same code entered into on or after 1 January 2017 and for which the date of registration by the Agence nationale de l’habitat of the application for an agreement falls on or before 28 February 2022.
C. – In geographical areas other than those mentioned in A and B of this 1, to 50% of the gross income from housing let under an agreement mentioned in Article L. 321-8 of the French Construction and Housing Code, entered into as of 1 January 2018 and for which the date of registration by the Agence nationale de l’habitat of the application for an agreement runs until 28 February 2022, when this agreement provides for the carrying out of work mentioned in a of Article L. 321-4 of the same code.
D. – The rates referred to in A, B and C of this 1 are increased, including when the agreement referred to in C does not provide for work to be carried out, to 85% of gross income when the housing units referred to in this 1 are given under a management mandate or leased to a public or private organisation approved in application of article L. 365-4 of the French Construction and Housing Code, either with a view to their letting or subletting, furnished or unfurnished, to persons mentioned in II of Article L. 301-1 of the same code or to individuals whose situation requires a transitional rental solution, or with a view to the accommodation of these same persons.
2. The deduction referred to in 1 of this o applies from the date on which the agreement takes effect and for its entire duration.
3. The deduction provided for in 1 of this o applies to housing for which the taxpayer can demonstrate compliance with an overall energy performance level set by joint order of the ministers responsible for housing, energy and the budget.
4. The benefit of the deduction provided for in 1 of this o is subject to a commitment by the taxpayer or the company owning the property to rent the property bare throughout the period of application of the agreement for use as a main residence.
This commitment provides that:
A. – The rent and the tenant’s income as assessed on the date the lease is entered into must not exceed ceilings set by decree depending on the location of the property;
B. – The lease may not be entered into with a member of the taxpayer’s household, an ascendant or descendant of the taxpayer, a person already occupying the property, except when the lease is renewed, or, if the property is owned by a company not subject to corporation tax, one of its partners or a member of the taxpayer’s household, an ascendant or descendant of a partner. The members of a company not subject to corporation tax must retain their shares throughout the term of the agreement.
5. For the benefit of the deductions provided for in this o, when it is the subject of one of the agreements mentioned in 1 of this o, the rental of the property granted under the same conditions to a public or private organisation for the housing or accommodation of natural persons for use as their main residence, excluding the owner of the property, the members of their tax household or their descendants or ascendants, does not prevent the benefit of the deduction, provided that this organisation does not provide any hotel or para-hotel services. A decree specifies the terms and conditions for assessing the rent and the resources of the occupant, as well as the conditions of this rental.
6. If, on expiry of one of the agreements mentioned in 1 of this o, including after a three-year extension period, the rental contract for the accommodation concerned is still valid in accordance with article 10 of law no. 89-462 of 6 July 1989 aimed at improving rental relations and amending law no. 86-1290 of 23 December 1986, the benefit of one of the deductions from gross income provided for in this o is maintained until the date set for the renewal or renewal of this rental agreement as long as the same tenant remains in place and all the conditions, in particular that relating to the amount of rent, are met.
7. In the event of non-compliance with one of the commitments mentioned in this o or the sale of the property or the shares, the deduction is reversed in respect of the year in which the commitment is broken or the property is sold. However, the deduction is not reversed if the commitment is broken or the property is sold as a result of the taxpayer or one of the members of the couple subject to joint taxation becoming disabled as defined in the second or third category of article L. 341-4 of the Social Security Code, being made redundant or dying.
8. The provisions of the present o are exclusive of those provided for in f to m of the present 1° and in articles 31 bis, 199 decies I, 199 undecies A, 199 septvicies and 199 novovicies of the present code. Nor do they apply to buildings listed or registered as historic monuments or that have received the label awarded by the “Fondation du patrimoine”, mentioned in the first paragraph of 3° of I of article 156.
2° For rural properties:
a) The expenditure listed in a) to e) of 1°;
b) (repealed)
c) Non-profitable improvement expenditure relating to built properties other than residential premises, actually borne by the owner. Expenditure that is not likely to lead to an increase in rent is considered to be non-profitable improvement expenditure;
c bis) Under conditions set by decree, improvement and construction expenditure, which is incorporated into rural farm buildings, intended to meet the obligations set out in Title I of Book V of the Environmental Code, relating to installations classified for environmental protection;
c ter) Expenditure incurred for the construction of a new rural farm building, intended to replace a building of the same nature, which is dilapidated or unsuited to modern farming techniques, provided that the new construction does not result in an increase in the rent;
c quater) Expenditure on improvements relating to non-built properties and actually borne by the owner;
c quinquies) Restoration and major maintenance work carried out on natural areas mentioned in articles L. 331-2, L. 332-2 to L. 332-2-2, L. 341-2 and L. 414-1 of the Environment Code and in their implementing texts, as well as areas mentioned in Articles L. 121-23 and L. 121-50 of the Town Planning Code, with a view to maintaining them in good ecological and landscape condition which have received the prior agreement of the competent administrative authority.
d) (Repealed)
e) (Repealed)
II. – (Transferred under Article 156 II 1° ter).