I.-Until 31 December 2001, allocations from the Value Added Tax Compensation Fund are determined by applying a flat-rate compensation rate of 16.176% to actual investment expenditure, as defined by decree of the Conseil d’Etat. In 2002, the flat-rate compensation rate was set at 15.656%. From 2003, this rate is set at 15.482%.
The flat-rate compensation rate of 15.482% is applicable to eligible investment expenditure incurred from 1 April 2000 by communities of communes, communities of towns and conurbation communities.
The flat-rate compensation rate is set at 15.761% for eligible expenditure incurred from 1 January 2014.
The flat-rate compensation rate is set at 16.404% for eligible expenditure incurred from 1 January 2015.
By way of derogation from the provisions set out in this I, the flat-rate compensation rate for the expenditure mentioned in 3° of I of Article L. 1615-1 is set at 5.6%.
II.-For the beneficiaries of the Value Added Tax Compensation Fund mentioned in Article L. 1615-2, other than those mentioned in the second, third, fourth, seventh, tenth, eleventh, thirteenth, fourteenth, fifteenth, sixteenth and seventeenth paragraphs of this II, the actual investment expenditure to be taken into consideration for determining the allocations from the value added tax compensation fund for a given year are those relating to the penultimate year.
For communities of communes and agglomeration communities instituted respectively in articles L. 5214-1 et L. 5216-1 and for the new communes mentioned in Article L. 2113-1, the expenses eligible under Article L. 1615-1 to be taken into consideration are those relating to the current financial year. The new communes mentioned in the same Article L. 2113-1 are subrogated to the rights of the communes they replace for allocations from the compensation fund for value added tax in respect of their eligible expenditure pursuant to Article L. 1615-1.
For territorial public establishments instituted in Article L. 5219-2, the eligible expenses to be taken into consideration are those relating to the current financial year. The territorial public establishments are subrogated to the rights of the public establishments of inter-municipal cooperation that they replace for the allocations of the compensation fund for value added tax to be received in respect of eligible expenditure relating to the transferred competencies.
For beneficiaries of the fund who commit, before 15 May 2009 and, after authorisation from their deliberative assembly, by agreement with the representative of the State in the department, to an increase in their real capital expenditure in 2009 compared to the average of their real capital expenditure for 2004, 2005, 2006 and 2007, the expenditure to be taken into consideration is, from 2009, that relating to the previous financial year. In 2009, for these beneficiaries, eligible real capital expenditure for 2007 is added to that for 2008 for the calculation of allocations from the Value Added Tax Compensation Fund.
If the actual capital expenditure recorded for the 2009 financial year, established by the authorising officer of the beneficiary local authority before 15 February 2010 and approved by the local accountant, is less than the average of those recorded in the 2004, 2005, 2006 and 2007 administrative accounts, this local authority is once again subject, from 2010, to the provisions of the first paragraph of this II; it will then not receive any allocation from the Value Added Tax Compensation Fund in 2010 in respect of the actual capital expenditure for 2008 that has already given rise to an allocation.
However, the beneficiaries of the fund referred to in the third paragraph of this II remain subject to the provisions of the third paragraph of this II whose actual capital expenditure recorded in accordance with the fourth paragraph, added to the outstanding capital expenditure resulting from a commitment made by the beneficiary between 1st January and 31st December 2009, reaches the reference average recorded in the agreement signed with the State representative. The authenticity of the outstanding commitments is checked on the basis of a declaratory statement sent by the authorising officer accompanied by documents justifying the attachment of the outstanding commitments to 2009.
For beneficiaries of the fund, excluding those mentioned in the third paragraph of this II, who undertake, between 1st January and 15th May 2010 and, after authorisation from their deliberative assembly, by agreement with the representative of the State in the department, to increase their real capital expenditure in 2010 compared to the average of their real capital expenditure in 2005, 2006, 2007 and 2008, the expenditure to be taken into consideration is, from 2010, that relating to the previous financial year. In 2010, for these beneficiaries, eligible real capital expenditure for 2008 is added to that for 2009 for the calculation of allocations from the Value Added Tax Compensation Fund.
If the actual capital expenditure recorded for the 2010 financial year, established by the authorising officer of the beneficiary local authority before 15 February 2011 and approved by the local accountant, is lower than the average of those recorded in the 2005, 2006, 2007 and 2008 administrative accounts, this local authority is once again subject, from 2011, to the provisions of the first paragraph of this II; it will then not receive any allocation from the Value Added Tax Compensation Fund in 2011 in respect of the actual capital expenditure for 2009 that has already given rise to an allocation.
The same eligible expenditure pursuant to Article L. 1615-1 may not give rise to more than one allocation from the Value Added Tax Compensation Fund.
For metropolises and urban communities that replace agglomeration communities, the eligible expenditure pursuant to Article L. 1615-1 to be taken into consideration is that relating to the current financial year.
For metropolises other than those referred to in the previous paragraph, which replace urban communities covered by the third or sixth paragraphs of this II, the eligible expenses in application of Article L. 1615-1 to be taken into consideration are those relating to the previous financial year.
However, the beneficiaries of the fund referred to in the sixth paragraph of this II remain subject to the provisions of the sixth paragraph of this II whose actual capital expenditure recorded in accordance with the seventh paragraph, added to the outstanding capital expenditure resulting from a commitment made by the beneficiary between 1 January and 31 December 2010, reaches the reference average recorded in the agreement signed with the State representative. The accuracy of the outstanding commitments is checked on the basis of a declaratory statement sent by the authorising officer accompanied by documents justifying the attachment of the outstanding commitments to 2010.
For the metropolis of Lyon mentioned in article L. 3611-1and the Corsican local authority mentioned in Article L. 4421-1, the eligible expenditure pursuant to Article L. 1615-1 to be taken into consideration is that relating to the previous financial year.
For the metropolis mentioned in Article L. 5219-1, the eligible expenditure to be taken into consideration is that relating to the previous financial year.
For communes that are members of public establishments for inter-communal cooperation that apply the system provided for in article L. 5211-28-2, the expenditure eligible under Article L. 1615-1 to be taken into consideration is that relating to the previous financial year. In the first year of application of this system, for member municipalities that were not covered by the systems provided for in the third or sixth paragraphs of this II, the eligible expenses for the penultimate year are added to those relating to the previous financial year for the calculation of allocations from the Value Added Tax Compensation Fund.
For the territorial authorities of French Guyana and Martinique mentioned respectively in Articles L. 7111-1 et L. 7211-1, the expenses eligible under article L. 1615-1 to be taken into consideration are those relating to the previous financial year. These local authorities are subrogated to the rights of the department and region that they succeed for allocations from the compensation fund for value added tax in respect of their eligible expenditure pursuant to Article L. 1615-1.
For regions resulting from a regrouping, the eligible expenditure pursuant to Article L. 1615-1 to be taken into consideration are those relating to the previous financial year.
III.-.Eligible expenditure in application of article L. 1615-1 carried out by beneficiaries of the Value Added Tax Compensation Fund and aimed at repairing damage directly caused by exceptional bad weather recognised by decree, and located in communes that have been declared to be in a state of natural disaster, entitle the beneficiaries to allocations from the fund in the year in which the work is paid for.
>I.- For regions that have been regrouped, eligible expenditure in application of article L. 1615-1 is that relating to the previous financial year.
III.