Fixed assets transferred to a third party that is not one of the local authorities or establishments benefiting from the Value Added Tax Compensation Fund do not give rise to an allocation from the fund.
Fixed assets entrusted as soon as they are completed or acquired to a third party that is not one of the local authorities or establishments benefiting from the Value Added Tax Compensation Fund and carrying out an activity that does not entitle it to deduct the value added tax that has encumbered the asset give rise to an allocation from the fund for actual investment expenditure carried out from 1 January 2006 if:
a) The asset is entrusted to a third party that is responsible either for managing a public service that the territorial authority or establishment has delegated to it, or for providing that authority or establishment with a service;
b) The asset is entrusted to a third party with a view to the latter carrying out a mission of general interest;
c) The asset is entrusted to the State free of charge.
The communes and public establishments for inter-communal cooperation benefit from allocations from the Value Added Tax Compensation Fund in respect of capital expenditure incurred on their fixed assets allocated for use as mountain pastures.
Local authorities and their groupings benefit from allocations from the Value Added Tax Compensation Fund in respect of their capital expenditure incurred over the period 2003-2014, under public contracting authority, on passive infrastructure incorporating their assets as part of the action plan relating to the extension of territorial coverage by mobile telephony and internet access networks.
Local authorities and their groupings benefit from allocations from the Value Added Tax Compensation Fund in respect of their investment expenditure carried out over the period 2015-2022, under public contracting authority, on passive infrastructure incorporating their assets as part of the “France très haut débit” plan.
When the work is carried out on the basis of preparatory studies carried out from 2003 onwards, by a local authority or a public establishment for inter-communal cooperation other than the one that carried out the studies, the expenditure relating to the preliminary studies is eligible for the compensation fund for value added tax.
By way of derogation from the first paragraph, in mountain areas, local authorities and their groupings benefit from allocations from the compensation fund for value added tax in respect of their investment expenditure carried out on existing communal property or property under construction intended for rental, where this relates to work to combat the specific risks associated with mountain areas. No one other than the lessor local authority may demand that the costs of this equipment be included in the basis for calculating the rents of the properties concerned.
Expenditure corresponding to work carried out from 1 January 2005 on listed or classified historic monuments belonging to local authorities is eligible for the value-added tax compensation fund, regardless of the final use and, where applicable, the method of leasing or making available these buildings.
Local authorities and their groupings benefit from allocations from the Value Added Tax Compensation Fund in respect of their investment expenditure carried out over the period 2015-2022, under public contracting authority, on passive infrastructure incorporating their assets as part of the action plan relating to the extension of territorial coverage by mobile telephony networks.