I. – From 2012, the aggregate tax potential of an inter-municipal grouping is determined by adding together the following amounts:
1° The product determined by applying the average national tax rate for each of these taxes to the communal tax bases for council tax on second homes and other furnished premises not allocated to the main dwelling and for property tax on non-built-up properties;
1° bis The product determined by applying to the municipal tax bases for property tax on built-up properties the sum of the municipal and departmental property tax rates on built-up properties applied on the territory of the municipality in 2020 multiplied by the correction coefficient mentioned in B of IV of Article 16 of Law no. 2019-1479 of 28 December 2019 on finances for 2020;
1° ter The product determined by applying the difference between the average national tax rate for this tax and the sum of the municipal and departmental property tax rates applied on the territory of the municipality in 2020 to the municipal tax bases for property tax on built-up properties;
1° quater (Repealed);
2° The sum of:
a) The product determined by applying the average national tax rate for this tax to the municipal business property tax bases;
b) And the products of the business value added tax, the flat-rate taxes on network businesses, the additional tax on property tax on non-built properties provided for in articles 1379 and 1379-0 bis of the General Tax Code, as well as the tax on commercial surfaces provided for in 6° of article L. 2331-3 of this code collected by the grouping and its member municipalities;
3° The sum of the positive or negative amounts resulting from the application of 1.1 and 2.1 of the article 78 of law no. 2009-1673 of 30 December 2009 of finance for 2010, including the amounts provided for in VIII of the same 2.1, received or borne by the grouping and its member municipalities in the previous year;
4° The sum of the revenue received by the grouping and its member municipalities in respect of the levies on the gross gaming revenue mentioned in articles L. 2333-54 to L. 2333-56 of the present code, and the proceeds collected by the municipalities in respect of the contribution on mineral waters provided for in article 1582 of the General Tax Code, the increase provided for in article 1407 ter of the same code, the flat-rate tax provided for in article 1519 A of the said code and the additional tax on the tax on basic nuclear installations provided for in VI of article 43 of the Finance Act for 2000 (no. 99-1172 of 30 December 1999) ;
4° bis The sum of the income, recorded in the management account relating to the penultimate financial year, received by the member municipalities in respect of the mining royalty provided for in Article 1519 of the General Tax Code and the local tax on outdoor advertising provided for in Article L. 2333-6 of the present code;
4° ter The sum, divided by three, of the revenue collected by the member municipalities in respect of the additional tax on registration duties or land registration tax payable on transfers for valuable consideration provided for in Article 1584 of the General Tax Code and in respect of the equalisation fund provided for in Article 1595 bis of the same code during the penultimate year and the two preceding years;
5° The amounts received the previous year by the communes belonging to the grouping in respect of their share of the lump-sum allocation defined in 3° of I of article L. 2334-7 of this code and indexed, from 2014, on the rate of change in the commune’s flat-rate allocation in the year preceding the distribution, excluding the amount corresponding to the compensation provided for in 2° bis du II de l’article 1648 B du code général des impôts, as it stood prior to the finance law for 2004 (no 2003-1311 of 30 December 2003), and by the grouping in respect of the compensation allowance provided for in l’article L. 5211-28-1 of this code, excluding the amount corresponding to the compensation provided for in 2° bis of II of Article 1648 B of the General Tax Code, as it stood prior to the aforementioned Finance Act for 2004.
6° The fraction of the net proceeds of the value added tax provided for in B of V of Article 16 of Finance Act no. 2019-1479 of 28 December 2019 for 2020 collected by the grouping the previous year;
7° The sum of the proceeds received by the grouping and its member municipalities the previous year in respect of the levy on State revenues provided for in III of article 29 of law no. 2020-1721 of 29 December 2020 on finance for 2021. The share of the levy compensating for the loss of property tax revenue on built properties resulting from the provisions of 1° of I of the same Article 29 taken into account is, for each municipality, multiplied by the coefficient mentioned in B of IV of Article 16 of Law no. 2019-1479 of 28 December 2019 on finance for 2020.
The bases taken into account are the gross bases for the last year for which the results are known used as the basis for municipal taxation. The revenues used are, unless otherwise stated, the gross revenues for the last year for which the results are known. The average national rates used are those for the last year for which the results are known. For the communes that are members of the Lyon metropolis, the departmental property tax rate for built-up properties refers to the property tax rate for built-up properties adopted in 2014 by the Rhône department.
The aggregate financial potential of an inter-municipal grouping is equal to its aggregate tax potential, increased by the sum of the flat-rate allocations defined in article L. 2334-7 of the present code received by the member municipalities in the previous year, excluding the part mentioned in 3° of I of the same article L. 2334-7 and indexed from 2014 on the rate of change in the municipality’s flat-rate allocation in the year preceding the distribution. It is reduced, where applicable, by the deduction from the proceeds of direct local taxes mentioned in the second sentence of the third paragraph of III of Article L. 2334-7 made the previous year on the grouping and its member municipalities, as well as the reductions mentioned in Article L. 2334-7-3.
The fiscal and financial potential of communes that do not belong to any public establishment of inter-communal cooperation with their own tax status are calculated according to the methods defined in Article L. 2334-4.
II. – For inter-municipal groupings and communes not belonging to any grouping with its own tax status in the Ile-de-France region, the aggregate financial potential or the financial potential is reduced or increased, respectively, by the sum of the amounts levied or collected the previous year by the communes in application of articles L. 2531-13 and L. 2531-14.
III. – The aggregate per capita financial potential of an inter-municipal grouping and the per capita financial potential of a municipality that does not belong to any own tax grouping are equal, respectively, to the aggregate financial potential of the inter-municipal grouping and the financial potential of the municipality calculated in accordance with article L. 2334-4, divided by the number of inhabitants making up the population of this group or municipality, corrected by a logarithmic coefficient whose value varies from 1 to 2 depending on the population of the group or municipality under conditions set by decree in the Conseil d’Etat.
IV. – The average aggregate financial potential per inhabitant is equal to the sum of the aggregate financial potentials of the inter-municipal groupings and the financial potentials of the municipalities not belonging to any own tax grouping, divided by the sum of the populations of the inter-municipal groupings and the municipalities not belonging to any own tax grouping, corrected by the coefficients defined in III.
V. – The tax effort of an inter-municipal grouping is determined by the ratio between:
1° On the one hand, the sum of the products of the taxes defined in 1° of article L. 2334-5, collected by the public establishment of inter-municipal cooperation with its own tax status and its member municipalities;
2° On the other hand, the share of the aggregate tax potential mentioned in 1° to 1° ter of I of this article.
The bases and products taken into account are in accordance with the conditions set out in the fifteenth paragraph of I.
The tax effort of a commune that does not belong to any public establishment for inter-communal cooperation with its own tax system is calculated in accordance with the conditions set out in the first six paragraphs of l’article L. 2334-5.
VI. – The average tax effort is equal to the sum of the revenues from taxes as defined in 1° of article L. 2334-5, collected by the inter-municipal groupings and the municipalities not belonging to any public establishment for inter-municipal cooperation with their own tax status, divided by the sum of the amounts taken into account in the denominator of the calculation of their tax effort.