I. – The levy on fixed income investment products referred to in l’article 125 A, the withholding tax relating to interest on savings bonds mentioned in article 1678 bis and the levies on income attached to capitalisation bonds or contracts and to investments of the same nature mentioned in 1 or 2 of II of article 125-0 A are declared and paid to the Treasury within the first fifteen days of the month following payment of the income and under the same penalties as the withholding tax provided for in 2 of l’article 119 bis. These penalties also apply to the levy due pursuant to I of article 125 D, unless the taxpayer can prove that he has given a mandate to the person paying the income to declare the income and pay the levy under the conditions set out in IV of the same article 125 D. However, these penalties are not applicable to the levy due in respect of the products and gains referred to in II of article 125 D.
The levies referred to in the first sentence of the first paragraph of this I may not be borne by the debtor.
The terms and conditions of application of these levies are set by decree.
II. – 1. The withholding tax provided for in 1 of article 119 bis applied to the products mentioned in article 1678 bis as well as the deductions or withholdings at source provided for in 2 of the same article 119 bis, aux 1 ou 2 du II de l’article 125-0 A et à l’article 125 A font l’objet d’un acompte égal à 90 % du montant de ces prélèvements ou retenues à la source dus au titre du mois de décembre de l’année précédente.
Excluded from this payment are:
a) Deductions from interest on current accounts and blocked shareholder accounts;
b) Deductions from interest due by notary’s offices in respect of income from consignment accounts, specific deposits and consigned securities.
Payment is made no later than 15 October.
2. When the declaration is filed in January, the paying institution calculates the levies or deductions.
When the amount of the payment made pursuant to 1 of this II is greater than the amounts of the levies or deductions actually due, the excess is deducted from the levy or deduction due in respect of other investment income and, where applicable, from the other levies or deductions. The excess is refunded.
3. If the paying institution considers that the amount of the payment due pursuant to 1 of this II is greater than the amount of the levy or deduction for which it will be liable in respect of the month of December, it may reduce the amount thereof by the amount of the presumed excess.
Where the amount of the levy or withholding actually due in respect of the month of December is greater than the amount of the payment reduced by the paying institution pursuant to the first paragraph of this 3, the increase provided for in 1 of article 1731 shall apply to this difference. The basis for this increase is, however, limited to the difference between the amount of the payment due pursuant to 1 of this II and the amount of the payment reduced by the paying institution.
4. The payment made pursuant to 1 of this II is audited and collected in accordance with the same rules and subject to the same guarantees, securities, liens and penalties as the levy provided for in Article 125 A. Claims are lodged, investigated and judged according to the rules applicable to this levy.