I.-With effect from 2020, a national fund shall be set up to equalise the transfer duties on immovable property collected by the départements pursuant to Articles 1594 A and 1595 of the General Tax Code.
The fund is supplied by two deductions made from the twelfths provided for in article L. 3332-1-1 of this code, in accordance with the procedures set out in II and III of this article. It is distributed among its beneficiaries in accordance with the provisions of IV to VII.
When the total annual amount of the two levies exceeds 1.6 billion euros, the Local Finance Committee may decide to set aside all or part of the amount exceeding this level in a departmental guarantee fund for cyclical corrections. If the committee so decides, all or part of the sums placed in reserve will be added to the resources allocated for the following years. Amounts placed in reserve in application of I of article L. 3335-2 as it stood prior to the Law no. 2019-1479 of 28 December 2019 on finances for 2020 are paid back into this fund.
II.The first levy is equal to 0.34% of the amount of the land registration tax base and registration fees collected by each department in the year preceding that of the allocation, pursuant to Articles 682 and 683 of the General Tax Code. By way of derogation, for the Department of Mayotte, the levy is equal to 0.1% of the amount of the aforementioned base.
III.
III – Departments whose per capita amount of the base defined in II of this article is greater than 0.75 times the average per capita amount of the same base for all departments will contribute to the second levy, which totals 750 million euros.
The fraction of the per capita amount of the base defined in II of this article is equal to 0.75 times the average per capita amount of the same base for all departments.
The fraction of the per capita amount of the tax base that exceeds 0.75 times the average per capita amount of the tax base for all the départements is subject to a levy in three tranches calculated as follows:
>A levy of
1° A deduction of 225 million euros is made proportionally from the fraction of the per capita amount of the base for each department that is greater than 0.75 times and less than or equal to one times the per capita amount of the base for all departments, multiplied by the population of the department;
2° Departments whose per capita tax base is more than one times the per capita tax base for all departments pay an additional levy of 375 million euros, calculated proportionally on the fraction of the per capita tax base of the department that is more than one time and less than or equal to twice the per capita tax base for all departments, multiplied by the population of the department;
>Departments whose per capita tax base is less than or equal to one time the per capita tax base for all departments, multiplied by the population of the department
3° Departments whose per capita tax base is more than twice the per capita tax base for all departments pay an additional levy of 150 million euros, calculated proportionally on the fraction of the department’s per capita tax base that is more than twice the per capita tax base for all departments, multiplied by the department’s population.
For each department, the amount deducted under the second levy may not exceed 12% of the revenue from transfer duties for valuable consideration collected by the department in the year preceding that of the allocation in application of articles 1594 A and 1595 of the General Tax Code.
IV.
IV – After deduction of an amount equal to the adjustments made the previous year, the fund’s resources are divided into three envelopes each year. The first envelope is equal to 250 million euros. The second and third envelopes are equal to 52% and 48% respectively of the balance.
V.-The first envelope is allocated to the second envelope.
V.-The first envelope is divided between the departments into two fractions:
1° The first fraction, representing 60% of the envelope, benefits départements whose net financial potential per square kilometre is less than 50% of the average net financial potential per square kilometre of all départements, and whose number of inhabitants per square kilometre is less than 70.
This fraction is divided between the départements whose net financial potential per square kilometre is less than 50% of the average net financial potential per square kilometre of all départements, and whose number of inhabitants per square kilometre is less than 70.
This fraction is distributed among the eligible départements according to a synthetic index made up of the ratio between the average net financial potential per inhabitant of all the départements and the net financial potential per inhabitant of the département, the ratio between the average income per inhabitant of all the départements and the income per inhabitant of the département and the ratio between the département’s rate of property tax on built-up properties and the national average rate of property tax on built-up properties for all the départements. In 2023, the property tax rate used is that for 2020. The synthetic index is obtained by adding these three ratios and weighting each of them by a third. This index is capped at 1.3;
2° The second fraction, the amount of which represents 40% of the envelope, is allocated to départements meeting the following cumulative criteria:
> a) Per capita income from local taxes is equal to or greater than
a) Per capita income from transfer duties collected by the department in the year preceding that of the allocation in application of articles 1594 A and 1595 of the General Tax Code is less than 90% of the average per capita income from these same duties for all departments;
> b) Per capita income of less than
c) A poverty rate greater than or equal to 15%;
This fraction is divided between the eligible departments according to a synthetic index made up of the ratio between the average net financial potential per inhabitant of all the departments and the net financial potential per inhabitant of the department and the ratio between the average income per inhabitant of all the departments and the income per inhabitant of the department. The synthetic index is obtained by adding these two ratios and weighting each of them by 50%. For the purposes of this paragraph, the index is weighted by population.
For the application of this V, the net financial potential used is the financial potential minus the levies and plus the repayments under the second and third envelopes of the fund and the funds provided for in Articles L. 3335-1 and L. 3335-4. In 2020, the net financial potential used is the financial potential minus the deductions and plus the repayments made in 2019 under the funds provided for in articles L. 3335-1, L. 3335-2, L. 3335-3 and L. 3335-4 as they stood prior to Finance Act no. 2019-1479 of 28 December 2019 for 2020.
VI.
VI.- Departments whose per capita financial potential is less than the average per capita financial potential of all departments or whose per capita income is less than the average per capita income of all departments are eligible for the second envelope. By way of derogation, the overseas départements are automatically eligible for this allocation.
The second envelope is allocated, on a case-by-case basis, as follows
The second envelope is allocated, where applicable after deduction of an amount corresponding to the guarantee provided for in the last paragraph of this VI, between the eligible departments:
> For
1° 30% in proportion to the ratio between the average per capita income of all the départements and the per capita income of the département, multiplied by the population of the département;
> 40
2° 40% in proportion to the ratio between the financial potential per inhabitant of all the départements and the financial potential per inhabitant of the département, multiplied by the population of the département;
> 30
3° 30% in proportion to the ratio between the per capita amount of transfer duties collected in the year prior to that of the allocation by all the départements in application of articles 1594 A and 1595 of the General Tax Code and the per capita amount of these same duties collected in the year prior to that of the allocation by the département.
The départements that cease to be part of the financial potential of all the départements and the per capita financial potential of the département, multiplied by the population of the département, will be allocated the same amount.
Departments that cease to be eligible for this envelope will receive, as a guarantee for the following three financial years, an allocation equal to 75%, 50% and 25% respectively of the amount received in the year prior to that in which they lost eligibility.
VII.
VII -The third envelope is divided between the départements as follows:
1° For each department, the balance is calculated between:
a) Expenditure incurred by the department, during the penultimate year, in respect of the active solidarity income, pursuant to article L. 262-24 of the code de l’action sociale et des familles, the allocation personnalisée pour l’autonomie mentioned in article L. 232-1 of the same code and the prestation de compensation mentioned in article L. 245-1 of the same code;
b) The sum of the amounts of compensation paid to the beneficiary under
b) The sum of the amounts of compensation due to the département for the revenu de solidarité active (active solidarity income), during the year of allocation, pursuant to article 59 of the finance law for 2004 (no. 2003-1311 of 30 December 2003) and the article 51 of finance law no. 2008-1425 of 27 December 2008 for 2009, the amounts of compensation paid to the département, during the previous year, under article L. 3334-16-2 of this code, during the penultimate year, in respect of the personalised autonomy allowance pursuant to articles L. 14-10-5 and L. 14-10-6 of the code de l’action sociale et des familles and under the compensation benefit pursuant to articles L. 14-10-5 and L. 14-10-7 of the same code as well as the allocation paid to the department pursuant to article L. 3334-16-3 of this code.
For départements whose responsibility for allocating and financing the revenu de solidarité active has been transferred to the State, the balance is calculated by taking into account:
the revenu de solidarité active expenditure incurred by the départements during the penultimate year prior to the transfer of responsibility to the State, as recorded in the management accounts and adjusted for undue payments;
-the amounts of compensation paid to the département under articles L. 3334-16-2 and L. 3334-16-3 of this code, during the year preceding the transfer of responsibility to the State;
2° The envelope is divided into two fractions:
a) The first fraction, the amount of which represents 30% of the resources in the envelope, benefits départements whose per capita tax potential is less than the average per capita tax potential of all départements or whose per capita income is less than 1.2 times the average per capita income of all départements. This fraction is divided between the eligible départements according to the squared ratio between the per capita balance of the département and the per capita balance recorded for all the départements;
.
b) The second fraction, representing 70% of the total, is allocated to the first half of the départements ranked in descending order of their per capita balance and eligible for the fraction provided for in a of this 2°. This fraction is divided between the eligible departments on the basis of population and the relative difference between the per capita balance and the median per capita balance;
3° Departments whose per capita amount of transfer duties collected in the year preceding the allocation in application of Articles 1594 A and 1595 of the General Tax Code is greater than 1.4 times the per capita amount for all departments are not eligible for an allocation under the envelope. Departments eligible for the first fraction or the second fraction and whose per capita amount of transfer duties for valuable consideration is greater than 1.1 times the average per capita amount of duties collected by all departments are subject to a 50% reduction in their allocation under the envelope;
4° For the application of this VII, the tax potential used is increased or, where applicable, reduced by a correction fraction equal, for each département, to the difference between the following two terms:
a) The sum of the product determined by the tax potential used for the application of this VII
a) The sum of the product determined by applying to the departmental bases of property tax on built-up properties, property tax on non-built-up properties and council tax the average national rate of taxation for each of these taxes for 2010 and the product determined by applying to the departmental bases of business tax the average national rate of taxation for this tax for 2009;
> b) The sum of the product determined by applying to the departmental bases of business tax the average national rate of taxation for each of these taxes for 2010 and the product determined by applying to the departmental bases of business tax the average national rate of taxation for 2009;
c) The sum of the product determined by applying to the departmental bases of business tax the average national rate of taxation for 2009
b) The sum of the revenue determined by applying the average national rate for this tax to the departmental bases for property tax on built-up properties in respect of 2011, the revenue collected in 2011 by the department in respect of the business value added contribution and the flat-rate taxes on network companies provided for in the article 1586 of the General Tax Code and the income received in 2011 by the department in respect of the tax provided for in 2° and 6° of article 1001 of the same code and the positive or negative amounts resulting from the application of 1.2 and 2.2 of the article 78 de la loi n° 2009-1673 du 30 décembre 2009 de finances pour 2010 perçus ou supportés par le département en 2011.
VIII.
VIII -A decree in the Conseil d’Etat will specify the application of this article.