I. – An annual tax is introduced, proportional to the surface area of each exclusive licence to prospect for liquid or gaseous hydrocarbons.
The tax shall be paid by the holder of the exclusive licence to prospect for liquid or gaseous hydrocarbons.
The scale of the tax is set according to the period of validity of the exclusive exploration licence provided for in Article L. 142-1 or article L. 142-2 of the Mining Code and according to the following rates per square kilometre:
1° €5 per square kilometre per year, for the first period of validity;
2° €10 per square kilometre per year, from its first extension;
3° €30 per square kilometre per year, from its second extension.
II. – The proceeds of the tax are collected for the benefit of the départements, the territorial collectivity of French Guiana or the territorial collectivity of Martinique, where the perimeter of the exclusive hydrocarbon exploration licence falls within their territory. If the perimeter extends over the territory of several of these authorities, the share due to each is set in proportion to the surface area of the licence included in the territory of each of the beneficiaries.
III. – The tax is declared and liquidated:
1° For those liable for value added tax, on the annex to the declaration mentioned in 1 of article 287 filed in respect of the month of March or the first quarter of the year in respect of which the tax provided for in this article is due;
2° For those liable for value added tax subject to the simplified taxation regime provided for in article 302 septies A, on the annual declaration mentioned in 3 of article 287 filed in respect of the financial year during which the tax provided for in this article is due;
3° For persons not liable for value added tax, on the annex to the declaration provided for in 1 of the same article 287 filed with the department responsible for their registered office or main establishment no later than 25 April of the year during which the tax provided for in this article is due.
The declaration includes, where applicable, a breakdown of the surface area of the permit by department or local authority mentioned in II.
IV. – The tax is paid when the declaration referred to in III is submitted. It is collected and audited in accordance with the same procedures and subject to the same penalties, guarantees and privileges as turnover taxes. Complaints are submitted, investigated and judged according to the rules applicable to these same taxes.
V. – The tax is due for the entire year in respect of licences existing on 1 January.