I. – 1 A contribution on the reference tax income of the tax household, as defined in 1° of IV of article 1417, without taking into account the capital gains referred to in I of article 150-0 B ter, retained for their amount before application of the allowance mentioned in 1 ter or 1 quater of article 150-0 D, for which the deferral of taxation expires and without application of the quotient rules defined in l’article 163-0 A. The contribution is calculated by applying a rate of :
– 3% to the fraction of reference tax income greater than €250,000 and less than or equal to €500,000 for single, widowed, separated or divorced taxpayers and to the fraction of reference tax income greater than €500,000 and less than or equal to €1,000,000 for taxpayers subject to joint taxation ;
– 4% to the fraction of reference tax income in excess of €500,000 for single, widowed, separated or divorced taxpayers and to the fraction of reference tax income in excess of €1,000,000 for taxpayers subject to joint taxation.
2. The contribution is declared, audited and collected according to the same rules and under the same guarantees and penalties as for income tax.
II. – 1. However, if the taxpayer’s reference tax income for the year in which the contribution referred to in 1 of I is levied is greater than or equal to one and a half times the average reference tax income for the two previous years, the fraction of tax income for the year in which the contribution is levied that is greater than this average is divided by two, then the amount thus obtained is added to this same average. The additional contribution thus obtained is then multiplied by two.
The first paragraph applies to taxpayers whose reference tax income in respect of each of the two years preceding that of the taxation did not exceed €250,000 for single, widowed, separated or divorced taxpayers and €500,000 for taxpayers subject to joint taxation.
This provision applies to taxpayers who have been liable to income tax for the two years preceding the year of taxation for more than half of their French or foreign source income of the same nature as that included in the composition of the reference tax income.
2. In the event of a change in the taxpayer’s marital status during the tax year or the two preceding years, the reference tax incomes mentioned in 1 are those:
a) Of the couple and the tax households to which the spouses or partners belonged during the years mentioned in this 2 in the event of a union.
However, in the event of an option in respect of the year of establishment of the contribution for separate taxation defined in the second paragraph of paragraph 5 of Article 6, b of this 2 applies;
b) Of the taxpayer and the tax households to which the taxpayer liable for the contribution belonged during the years mentioned in this 2 in the event of divorce, separation or death.
The benefit of this 2 is subject to the submission of a claim including the information required to calculate the average calculated in accordance with the procedures thus specified.
Claims shall be addressed to the tax department within the time limit set out in articles R. 196-1 and R. 196-3 of the tax procedures book. They are presented, investigated and judged according to the rules of procedure applicable to income tax.
3. For the purposes of calculating the average referred to in this II, the reference tax income determined in respect of 2009 and 2010 refers to that defined in 1° of IV of article 1417. It refers to that defined in 1 of I of this article for reference tax incomes determined from 2011.