I. – With effect from 2005, the lump-sum allocation comprises:
1° A basic allocation intended to take account of the costs associated with the size of its population.
With effect from 2011, this basic allocation is equal for each commune to the product of its population by an amount of 64.46 euros per inhabitant to 128.93 euros per inhabitant in increasing proportion to the population of the commune, under conditions defined by decree in the Conseil d’Etat.
2° An allowance proportional to surface area, equal to 3.22 euros per hectare from 2011 and 5.37 euros per hectare in communes located in mountain areas. From 2005, the amount of this grant received by the communes of French Guyana may not exceed three times the amount they receive as the basic grant;
3° The amounts corresponding to the amounts previously received under I of D of Article 44 of the 1999 Finance Act (no. 98-1266 of 30 December 1998) and 2° bis of II of Article 1648 B of the General Tax Code as it stood prior to the Finance Act for 2004 (no. 2003-1311 of 30 December 2003). In 2005, these amounts are indexed at a rate of 1% for the municipalities that benefit from them. In 2011, these amounts are identical to those received in respect of 2010, after deduction, where applicable, in application of 1.2.4.2 of article 77 of law no. 2009-1673 du 30 December 2009 de finances pour 2010 et majoration, le cas échéant, en application du II du 6 du même article.
From 2012, these same amounts may be reduced by an identical percentage for all municipalities, under the conditions provided for in Article L. 2334-7-1.
When a municipality ceases, as of 2005, to belong to a grouping of municipalities applying the provisions of article 1609 nonies C of the General Tax Code, the municipality receives under this 3° a share of the amounts received by the grouping under the compensation allowance provided for in article L. 5211-28-1 of this code. This share is calculated on the basis of the amount of the business tax bases of the municipalities joining or leaving this grouping used to calculate the compensation provided for in I of D of article 44 of the aforementioned finance law for 1999. This share is reduced, where applicable, according to the share of the levy suffered by the grouping in application of the first paragraph of III of article 29 of the finance law for 2003 (no. 2002-1575 of 30 December 2002) which was calculated on the basis of the France Télécom business tax bases of this commune. This share is reduced, where applicable, according to the share of the levy suffered by the grouping in application of 1.2.4.2 of article 77 of law no. 2009-1673 of 30 December 2009 on finance for 2010, which was calculated on the basis of the proceeds of the tax on commercial surfaces for this commune;
4° A guarantee. This guarantee is paid in 2005, where applicable, when the amount provided for in a below is greater than the amounts mentioned in b. It is equal in 2005 to the difference between:
a. The amount of the lump-sum allocation received in 2004 and indexed at a rate of 1% excluding the amounts of compensation mentioned in 3°;
b. And the sum of the basic allocation and the allocation proportional to surface area calculated in application of 1° and 2°.
From 2012, municipalities whose per capita tax potential is less than 0.75 times the average per capita tax potential recorded for all municipalities benefit from an allocation under the guarantee equal to that received the previous year. For municipalities whose per capita tax potential is greater than or equal to 0.75 times the average per capita tax potential recorded for all municipalities, this amount is reduced, under the conditions set out in article L. 2334-7-1, in proportion to their population and the relative difference between the municipality’s per capita tax potential and 0.75 times the average per capita tax potential recorded for all municipalities. This reduction may not exceed 6% of the guarantee received the previous year. The tax potential taken into account for the application of this paragraph is that calculated the previous year in application of article L. 2334-4. The population taken into account to determine the per capita tax potential is corrected by a logarithmic coefficient whose value varies from 1 to 2 according to the increasing population of the municipality as defined for the application of 1° of this I;
5° An allocation in favour of municipalities in national parks and marine nature parks. This allocation comprises a first fraction, the amount of which is distributed among the communes whose territory is wholly or partly included in the heart of a national park mentioned in article L. 331-1 of the Environment Code. The individual allocation is determined on the basis of the surface area of each commune included in the heart of the park, this surface area being doubled for the calculation of the allocation when it exceeds 5,000 square kilometres. This allocation includes a second fraction, the amount of which is distributed between the island municipalities of mainland France whose territory is located within a marine nature park mentioned in article L. 334-3 of the same code. This allocation includes a third fraction, the amount of which is divided equally between the other island municipalities whose territory is located within a marine nature park mentioned in the same article L. 334-3. The amount of the first fraction is set at €3.2 million and that of each of the other two fractions at €150,000.
II. – The growth rate of the lump-sum allocation is equal to the rate of change in the sum of the components of this allocation in relation to the sum of the amounts paid the previous year in application of I, excluding the amounts provided for in 3° of the same I. From 2011, for the calculation of this reference rate, no account is taken of the change in the flat-rate allocation linked to changes in population as defined by Article L. 2334-2 nor any changes linked to any reductions in the components of the flat-rate allocation provided for in 3° and 4° of I of this article.
The lump-sum allocation also includes the sums received in 1993 in respect of the supplementary allocation to tourist or spa municipalities and groupings and the special allocation to tourist municipalities as well as in respect of the special allocation to towns assuming centrality charges, pursuant to articles L. 234-13 and L. 234-14 of the Municipalities Code in their wording prior to Law no. 93-1436 of the aforementioned 31st December 1993.
Groups of municipalities that received the allocations provided for in article L. 234-13 of the Municipalities Code, as it stood prior to the aforementioned law no. 93-1436 of 31st December 1993, on behalf of the municipalities making up the group, continue to receive them. For 1994, the amount of these allocations is equal to the sum received in 1993.
From 2004, the lump-sum allocation to be taken into account in respect of 2003 is increased for each municipality by the amount due in respect of 2003 pursuant to I of D of article 44 of the Finance Act for 1999 (no. 98-1266 of 30 December 1998) and 2° bis of II of article 1648 B of the General Tax Code as it stood prior to the Finance Act for 2004 (no. 2003-1311 of 30 December 2003). For municipalities which, in 2003, were subject to a levy on their taxation in application of either III of article L. 2334-7-2, or 2 of III of article 29 of the Finance Act for 2003 (no. 2002-1575 of 30 December 2002), the lump-sum allocation to be taken into account for the application of the preceding provisions is equal to the amount actually received in 2003 in respect of the lump-sum allocation and I of D of article 44 of the aforementioned Finance Act for 1999, less the amount levied in 2003 on taxation. If the amount deducted in 2003 from taxation exceeds the amount received in 2003 under the flat-rate allowance and I of D of article 44 of the aforementioned Finance Act for 1999, the difference is deducted from the local direct tax revenue of the municipality and 0.75 times changes each year in line with the flat-rate allowance. For municipalities that are members of a public establishment for inter-municipal cooperation subject for the first time as from 2004 to the provisions of article 1609 nonies C of the General Tax Code, the credits corresponding to the compensation previously received in application of I of D of article 44 of the aforementioned Finance Law for 1999 are paid to the establishment in place of the municipalities. To this end, all the appropriations corresponding to the compensation previously received in application of I of D of Article 44 of the aforementioned Finance Act for 1999 are identified within the lump-sum allocation.
For municipalities and public establishments of inter-municipal cooperation with their own tax status, when the amount of the compensation provided for in D of article 44 of the finance law for 1999 (no. 98-1266 of 30 December 1998) or of the compensation allowance provided for in article L. 5211-28-1 of this code is less than the amount of the reduction to be made in application of 1.2.4.2 of article 77 of law no. 2009-1673 of 30 December 2009 on finance for 2010, the balance is deducted for the benefit of the general budget of the State, firstly from the amount corresponding to the amounts previously collected under 2° bis of II of article 1648 B of the general tax code as it stood prior to law no. 2003-1311 of 30 December 2003 on finance for 2004 and finally from the proceeds of property tax on built-up properties, property tax on non-built properties, council tax and the territorial economic contribution collected for the benefit of these municipalities and establishments.
III. – With effect from 2015, the lump-sum allocation for each commune is equal to the amount received the previous year in respect of this allocation. For each commune, this allocation is increased or reduced by the product of the difference between its population recorded in respect of the year of allocation and that recorded in respect of the year preceding the allocation by an amount of between €64.46 and €128.93 per inhabitant as an increasing function of the commune’s population, under conditions defined by decree in the Conseil d’Etat. The population of the municipality taken into account for 2019 is that defined in article L. 2334-2 of this code, increased by an additional 0.5 inhabitant per second home for municipalities with a population of less than 3,500, whose per capita tax potential is less than the average per capita tax potential of municipalities in the same demographic stratum and whose share of the increase for second homes in the population before application of this provision is greater than 30%. In subsequent years, this additional increase applies both to the population taken into account for the previous year and to the population taken into account for the year of allocation. The tax potential taken into account for the application of this paragraph is that calculated the previous year in application of Article L. 2334-4.
In 2015, the flat-rate allocation to be taken into account for the application of the first paragraph of this III is equal to the amount received in 2014 in respect of this allocation in application of I and II of this Article, less the amount of the reduction provided for in Article L. 2334-7-3 for 2014 calculated without taking into account the exceptional revenue recorded in the latest management accounts available at 1 January 2014.
In 2015, for municipalities which, in 2014, suffered a levy on their taxation pursuant to either the last paragraph of II of this article, or III of article L. 2334-7-2, or article L. 2334-7-3, or of 2 of III of article 29 of the Finance Act for 2003 (no. 2002-1575 of 30 December 2002), the lump-sum grant to be taken into account for the application of the preceding provisions is equal to the amount actually received in 2014 by way of the lump-sum grant, less the amount deducted in 2014 from taxation. If the amount deducted in 2014 from taxation exceeds the amount received in 2014 under the flat-rate grant, the difference is deducted, from 2015, from the local authority’s local direct tax revenue.
For municipalities that are members of a public establishment for inter-municipal cooperation subject for the first time to the provisions of Article 1609 nonies C of the General Tax Code, the amount of the lump-sum grant received the previous year is reduced by an amount equal to the credits received in 2014 pursuant to I of D of Article 44 of the aforementioned Finance Act for 1999 and indexed to the rate of change in the lump-sum grant for each municipality in the year preceding the distribution. These credits are paid to the establishment, in place of the municipalities, and the amount of the reduction to be made in application of 1.2.4.2 of article 77 of law no. 2009-1673 of 30 December 2009 on the finances for 2010 is borne by the establishment, in place of the municipalities, in application of article L. 5211-28-1 of this code. When a municipality ceases to belong to a grouping of municipalities applying the provisions of article 1609 nonies C of the General Tax Code, the amount of the flat-rate grant received the previous year is increased by a share of the amount received by the grouping under the compensation grant provided for in article L. 5211-28-1 of this code. This share is calculated on the basis of the amount of the business tax bases of the communes of this grouping used to calculate the compensation provided for in I of D of article 44 of the aforementioned finance law for 1999. This share is reduced, where applicable, according to the share of the levy suffered by the grouping pursuant to 1.2.4.2 of article 77 of law no. 2009-1673 of 30 December 2009 on finance for 2010, which was calculated on the basis of the proceeds of the tax on commercial surfaces for this commune.
From 2015, municipalities whose per capita tax potential is less than 0.85 times the average per capita tax potential recorded for all municipalities benefit from an allocation under the flat-rate grant equal to that calculated in application of this III. For municipalities whose per capita tax potential is greater than or equal to 0.85 times the average per capita tax potential recorded for all municipalities, the amount calculated in application of the first paragraph of this III is reduced, under the conditions set out in article L. 2334-7-1, in proportion to their population and the relative difference between the municipality’s per capita tax potential and 0.85 times the average per capita tax potential recorded for all municipalities. This reduction may not exceed 1% of the actual operating revenue of their main budget, minus reductions in income, exceptional income and income from the provision of personnel invoiced in the context of shared services between the public establishment for inter-municipal cooperation with its own tax status and its member municipalities, as recorded on 1st January of the year of allocation in the most recent management accounts available. For the member municipalities of the Greater Paris metropolitan area, actual operating revenues are also reduced by an amount corresponding to the individual allocation paid to the territorial charge compensation fund in application of H of XV of the’article 59 of law n° 2015-991 of 7 August 2015 on the new territorial organisation of the Republic, as recorded on 1st January of the allocation year in the latest available management accounts. This reduction may not exceed the amount of the flat-rate allocation calculated in application of this III. For municipalities concerned in the year of distribution by the provisions of the penultimate paragraph of this III, the flat-rate allocation taken into account for the application of this reduction is the flat-rate allocation received the previous year after application of the same paragraph. The tax potential taken into account for the application of this paragraph is that calculated the previous year in application of article L. 2334-4. The population taken into account to determine the per capita tax potential is corrected by a logarithmic coefficient, the value of which varies from 1 to 2 as an increasing function of the population of the municipality, defined for the application of this III.