I. – The tax potential of public establishments for inter-communal cooperation with their own tax status 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 inter-municipal tax bases for council tax on second homes and other furnished premises not allocated to the main dwelling, property tax on built properties, property tax on non-built properties and business property tax ;
2° The sum of the inter-municipal revenues collected in respect of the business value added contribution, the additional tax on property tax on non-built properties and the flat-rate taxes on network companies provided for in Article 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;
3° The sum of the positive or negative amounts resulting from the application of 1.1 and 2.1 of article 78 of law no. 2009-1673 of 30 December 2009 on finance for 2010, including the amounts provided for in VIII of the same 2.1, received or borne by the grouping the previous year. For groupings applying article L. 5211-41-3, the amounts correspond to the sum of the amounts received or borne by the pre-existing groupings the previous year;
4° The amount received by the grouping the previous year in respect of the compensation allowance provided for in article L. 5211-28-1, 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 Finance Act for 2004 (no. 2003-1311 of 30 December 2003) ;
5° The fraction of the net proceeds of the value added tax provided for in B of V of Article 16 of the Finance Act for 2020 (no. 2019-1479 of 28 December 2019) collected by the grouping in the previous year;
6° The amount received by the grouping in the previous year in respect of the levy on State revenue provided for in III of Article 29 of Law no. 2020-1721 of 29 December 2020 on finance for 2021.
By way of derogation, the tax potential of agglomeration communities resulting from the transformation of new agglomeration syndicates and the tax potential of agglomeration communities resulting from the merger of public establishments for inter-communal cooperation, at least one of which is a new agglomeration syndicate that was transformed into an agglomeration community before 1 January 2015, are weighted, in 2018, by the ratio between the gross per capita business property tax bases of the agglomeration communities and the sum of the gross per capita business property tax bases of the new agglomeration syndicates existing on 1 January 2015 and those of them that were transformed into agglomeration communities before 1 January 2015, provided that this ratio is less than 1, then by a coefficient equal to 60% in 2019, 70% in 2020, 80% in 2021 and 90% in 2022. For these agglomeration communities, the weighting is applied to the proportion of their tax potential corresponding to the perimeter of the agglomeration communities resulting from the transformation of a new agglomeration syndicate before 1st January 2015 and of the new agglomeration syndicates existing on 1st January 2015. These provisions also apply to the tax potential of the Aix-Marseille-Provence metropolis.
The bases used are the gross bases for the last year for which the results are known, used as the basis for inter-municipal taxation. If there are no inter-municipal tax bases on the territory of a commune, the communal tax bases are taken into account. The national average rates are calculated for each category of grouping as defined in article L. 5211-28 of this code and correspond to the ratio between the revenue collected by the groupings for each of these taxes and the sum of the groupings’ tax bases. The resources and income used are the gross resources and income for the last year for which the results are known.
II. – 1° The fiscal integration coefficient, which is defined for urban communities, metropolises, including that of Aix-Marseille-Provence, the Lyon metropolis and agglomeration communities, is equal, for each of these public establishments, to the ratio between:
a) Revenues from council tax on second homes and other furnished premises not allocated to the principal dwelling, the fraction of net proceeds from value added tax provided for in B and D of V of Article 16 of Finance Act no. 2019-1479 of 28 December 2019 for 2020, the levy on State revenues provided for in III of Article 29 of Finance Act no. 2020-1721 of 29 December 2020 for 2021, property tax on built-up properties, the property tax on non-built-up properties, the additional tax on property tax on non-built-up properties, the business value added tax, the business property tax, the flat-rate taxes on network companies, the tax on commercial surface areas, the tax or fee for the removal of household waste and the sanitation fee, as well as the positive or negative amounts resulting from the application of 1.1 and 2.1 of Article 78 of the aforementioned Finance Act no. 2009-1673 for 2010 collected or borne by the public establishment less transfer expenses;
b) Revenues from council tax on second homes and other furnished premises not used as a main residence, the fraction of net proceeds from value added tax provided for in B and D of V of Article 16 of Finance Act no. 2019-1479 of 28 December 2019 for 2020, the levy on State revenues provided for in III of Article 29 of Finance Act no. 2020-1721 of 29 December 2020 for 2021, property tax on built-up properties, the property tax on non-built-up properties, the additional tax on property tax on non-built-up properties, the business value added tax, the business property tax, the flat-rate taxes on network companies, the tax on commercial surface areas, the tax or fee for the removal of household waste and the sanitation fee, as well as the positive or negative amounts resulting from the application of 1.1 and 2.1 of article 78 of the aforementioned finance law no. 2009-1673 for 2010 collected or borne by the communes and new communes grouped together and all the public establishments for inter-communal cooperation within their territory;
The revenue provided for in a and b above as well as the positive or negative amounts resulting from the application of 1.1 and 2.1 of Article 78 of the aforementioned Finance Act no. 2009-1673 for 2010 collected or borne by public establishments for inter-municipal cooperation applying the dispositions de l’article 1609 nonies C du code général des impôts sont majorées du montant de la dernière année connue de la dotation de compensation prévue au premier alinéa de l’article L. 5211-28-1, excluding the amounts 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 Finance Act for 2004 (no. 2003-1311 of 30 December 2003) and, where applicable, those provided for in the B of article 4 of law no. 96-987 of 14 November 1996 relating to the implementation of the revival pact for the city or to III of article 2 of law no. 94-1131 of 27 December 1994 on the fiscal status of Corsica or to VII of Article 5 of Law no. 2009-594 of 27 May 2009 for the economic development of overseas France.
1° bis The fiscal integration coefficient, which is defined for communities of communes, is equal, for each of these public establishments, to the ratio between:
a) Revenues from council tax on secondary residences and other furnished premises not allocated to the principal dwelling, the fraction of net proceeds from value added tax provided for in B and D of V of Article 16 of Finance Act no. 2019-1479 of 28 December 2019 for 2020, the levy on State revenues provided for in III of Article 29 of Finance Act no. 2020-1721 of 29 December 2020 for 2021, property tax on built-up properties, the property tax on non-built-up properties, the additional tax on property tax on non-built-up properties, the business value added contribution, the business property tax, the flat-rate taxes on network companies, the tax on commercial surfaces and the tax or fee for the removal of household waste, as well as the positive or negative amounts resulting from the application of 1.1 and 2.1 of Article 78 of the aforementioned Finance Act no. 2009-1673 for 2010 collected or borne by the public establishment, less transfer expenses ;
b) Revenues from council tax on second homes and other furnished premises not used as a main residence, the fraction of net proceeds from value added tax provided for in B and D of V of Article 16 of Finance Act no. 2019-1479 of 28 December 2019 for 2020, the levy on State revenues provided for in III of Article 29 of Finance Act no. 2020-1721 of 29 December 2020 for 2021, property tax on built-up properties, the property tax on non-built-up properties, the additional tax on property tax on non-built-up properties, the business value added tax, the business property tax, the flat-rate taxes on network companies, the tax on commercial surfaces and the tax or fee for the removal of household waste, as well as the positive or negative amounts resulting from the application of 1.1 and 2.1 of the article 78 of the aforementioned finance law no. 2009-1673 for 2010 collected or borne by the communes and new communes grouped together and all the public establishments for inter-communal cooperation within their territory;
The revenue provided for in a and b above as well as the positive or negative amounts resulting from the application of 1.1 and 2.1 de l’article 78 de la loi n° 2009-1673 de finances pour 2010 précitée perçus ou supportés par les communautés de communes faisant application des dispositions de l’article 1609 nonies C du code général des impôts sont majorées du montant de la dernière année connue de la dotation de compensation prévue au premier alinéa de l’article L. 5211-28-1, excluding the amounts 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 Finance Law for 2004 (no. 2003-1311 of 30 December 2003) and, where applicable, those provided for in B of article 4 of the aforementioned law no. 96-987 of 14 November 1996 or in III of Article 2 of aforementioned Law no. 94-1131 of 27 December 1994 or in VII of Article 5 of aforementioned Law no. 2009-594 of 27 May 2009.
By way of derogation, for the calculation of the tax integration coefficient of communities of communes not applying the provisions of Article 1609 nonies C of the General Tax Code, the revenues defined in a and b do not take into account the tax on commercial surfaces ;
2° To determine the average tax integration coefficient for a category of public establishment for inter-municipal cooperation, the sums of the revenues and, where applicable, the transfer expenses of all the public establishments that have been receiving the inter-municipality grant for more than two years in this category and the sum of the revenues of the communes and new communes grouped together in these public establishments are taken into account. To determine the average tax integration coefficient of the metropolises and urban communities mentioned in 1° of I of Article L. 5211-28 of this code, the transfer revenues and expenses of the Greater Paris metropolis are not taken into account.
3° From 2019, the fiscal integration coefficient taken into account in the calculation of the inter-municipality grant may not be greater than 0.6;
4° For the calculation of the inter-municipality grant, the fiscal integration coefficient of the metropolises is weighted by a coefficient equal to 1.1.
III. – The transfer expenses used to determine the tax integration coefficient for agglomeration communities, metropolises, urban communities and communities of communes applying the provisions of article 1609 nonies C of the General Tax Code are the compensation allowance provided for in V of the same article 1609 nonies, and half of the community solidarity allowance, as recorded in the management account relating to the penultimate financial year. For communities of communes that do not apply the provisions of article 1609 nonies C of the aforementioned code, only half of the community solidarity grant is taken into account. Where applicable, the compensation allocation is reduced by the amount paid by the communes in application of the second paragraph of V of the same article 1609 nonies C. If this amount is greater than the compensation allocation, the remainder is added to the revenue mentioned in a of 1° and 1° bis of II of this article.
IV. – Unless otherwise stated, the population to be taken into account for the application of the present sub-section is that resulting from the conditions provided for in article L. 2334-2 of the present code.
The sanitation fee used to determine the tax integration coefficient for agglomeration communities, urban communities and metropolises is that recorded in the management account relating to the penultimate financial year.
V. – In respect of the first year of allocation of the grant in a category, the fiscal integration coefficient of a public establishment of intercommunal cooperation with its own tax status is equal to the average fiscal integration coefficient of the category to which it belongs.
By way of derogation, when a public inter-municipal cooperation body with its own tax status is the result of a merger carried out under article L. 5211-41-3, the tax integration coefficient used is the tax integration coefficient of the public inter-municipal cooperation body with its own tax status that pre-existed it. If several public establishments for intercommunal cooperation with their own tax status pre-existed, the tax integration coefficient to be used in the first year is the highest tax integration coefficient among these establishments, up to a limit of 105% of the average of the tax integration coefficients of these establishments, weighted by their population.
For the second year of allocation of the grant in the same category, the tax consolidation coefficient not corrected for transfer expenses is weighted by the ratio between the average tax consolidation coefficient for the category to which the public inter-municipal cooperation establishment with its own tax status belongs as defined in 2° of II of this article and this average tax consolidation coefficient, not corrected for transfer expenses.