I. – 1. The low-income housing bodies mentioned in Article L. 411-2 du code de la construction et de l’habitation, with the exception of sociétés anonymes coopératives d’intérêt collectif pour l’accession à la propriété, sociétés d’économie mixte exercising a real estate activity overseas and the bodies mentioned in l’article L. 365-1 of the same code may benefit from a tax credit for the acquisition or construction of new housing in overseas departments, when they meet the following conditions:
a) The accommodation is rented out unfurnished or furnished by the organisation mentioned in the first paragraph, within twelve months of its completion or acquisition, whichever is later, and for a period of at least five years, to individuals who make it their principal residence or entrusted for management to a regional centre for university and school works for the accommodation of students receiving higher education grants on social criteria.
Housing may be specially adapted to accommodate people aged over sixty-five or disabled people to whom hotel services may be offered.
Housing may be adapted to accommodate hostel accommodation in accordance with article L. 633-1 of the Code de la construction et de l’habitation.
For these dwellings, the rental obligations mentioned in the first paragraph of this article may be fulfilled by a manager with whom the organisation or company receiving the tax credit has signed an agreement.
b) The beneficiaries of the rental are natural persons whose resources do not exceed ceilings set by decree depending on the number of persons intended to occupy the accommodation as their principal residence and the location of the accommodation;
c) The amount of rent payable by the natural persons mentioned in the first paragraph of a may not exceed limits set by decree and determined depending in particular on the location of the accommodation;
d) A minimum proportion, defined by decree, of the habitable surface area of the homes included in an investment programme worth more than two million euros is let, under the conditions defined in a, to individuals whose resources are below the ceilings mentioned in b, for rents below the limits mentioned in c ;
e) A fraction, defined by decree, of the cost price of an investment programme worth more than two million euros corresponds to expenditure incurred on the acquisition of renewable energy production equipment, appliances using a renewable energy source or insulation materials. An order by the ministers responsible for the budget, ecology, energy, sustainable development and overseas departments and territories sets the nature of the capital expenditure concerned;
f) A minimum of 5% of the housing is financed by public subsidy. This condition does not apply to housing benefiting from the subsidised loans defined in article D. 372-21 of the French Construction and Housing Code. However, in order to qualify for the tax credit, the construction or acquisition of housing benefiting from the aforementioned subsidised loans must have received prior approval from the State representative in the département where the housing is located. The number of homes approved by the State representative in any one year may not exceed 25% of the average number of homes delivered over the previous three years in the département that meet the conditions set out in b and c of this 1.This rate is increased to 35% for homes located in Réunion, Guadeloupe or Martinique.
2. The tax credit defined in 1 also benefits the organisations mentioned in the first paragraph of the same 1 to which new housing is made available when the following conditions are met:
a) The leasing contract is concluded for a term of at least five years;
b) The organisation mentioned in the first paragraph of 1 would have been entitled to the tax credit provided for in the same 1 if it had acquired the property directly.
3. Also eligible for the tax credit is the acquisition of housing that meets the conditions set out in 1, completed more than twenty years ago and undergoing renovation work, as defined by decree, to enable the housing to achieve technical performance similar to that of new housing or to improve its resistance to seismic or cyclonic risks.
4. Also eligible for the tax credit is renovation or refurbishment work on housing that meets the conditions set out in 1, has been completed for more than twenty years and is located in the districts mentioned in II of article 9-1 of Law no. 2003-710 of 1 August 2003 on town planning and urban renewal and in the priority neighbourhoods mentioned in article 5 of Law no. 2014-173 of 21 February 2014 on town planning and urban cohesion, enabling housing to acquire technical performance close to that of new housing or enabling it to be made more resistant to seismic or cyclonic risk.
5. The acquisition or construction of new housing located in the French overseas departments by companies subject to corporation tax that carry out their business there is also eligible for the tax credit if the following conditions are met:
a) The company benefits from loans from the French government for the construction of new housing.
a) The company is eligible for the subsidised loans defined in article D. 372-21 of the French Construction and Housing Code;
> b) The homes are rented out on the basis of the following conditions
b) The units are let on an unlet basis, within twelve months of their completion or acquisition if later, and for a period of at least five years, to individuals who use them as their main residence;
> c) The conditions mentioned in b) and c) above are met.
c) The conditions set out in b, c, e and f of 1 of this I are met;
> d) The conditions set out in 3 of this I are met.
d) The conditions mentioned in 3 of VIII of article 244 quater W are also met.
6. Also eligible for the tax credit is demolition work prior to the construction of new housing carried out under the conditions set out in 1 when the foundations of the building are completed within two years of the date on which the demolition work is completed.
II. – 1. The tax credit is based on the cost price of the homes, less, on the one hand, taxes and acquisition commissions paid and, on the other hand, public grants received. This amount is deducted from the limit mentioned in paragraph 5 of l’article 199 undecies A, assessed per square metre of habitable surface area and, in the case of the housing mentioned in the second paragraph of a of 1 of I, per square metre of surface area of the communal areas in which services are offered.
A decree specifies, where necessary, the nature of the sums used to assess the cost price mentioned in the first paragraph.
2. In the case mentioned in 3 of I, the tax credit is based on the cost price of the housing, increased by the cost of the renovation work and reduced, on the one hand, by the taxes and acquisition commissions paid and, on the other hand, by the public aid received. The limit mentioned in 1 applies.
3. In the case mentioned in 4 of I, the tax credit is based on the cost price of the renovation work less, on the one hand, the taxes paid and, on the other hand, the public grants received. This amount is subject to a ceiling of €50,000 per dwelling.
4. In the case referred to in point 6 of I, the tax credit is based on the cost price of the demolition work less, on the one hand, the taxes paid and, on the other hand, the public grants received for the same work. This amount is subject to a ceiling of €25,000 per dwelling demolished.
III. – The rate of the tax credit is set at 40%.
IV. – 1. The tax credit provided for in I is granted in respect of the year in which the property is acquired.
2. However:
a) If the building is constructed, 70% of the tax credit, calculated on the estimated cost price as defined in II, is granted in respect of the year in which the foundations are completed and 20% in respect of the year in which the building is rendered watertight; the balance, calculated on the final cost price, is granted in respect of the year in which the building is delivered;
b) In the case of building rehabilitation, the tax credit is granted in respect of the year in which the work is completed;
c) In the case of demolition work, the tax credit is granted, for this work alone, in respect of the year in which it is completed.
3. Where the investment is made under the conditions set out in 2 of I, the tax credit is granted in respect of the year in which the property is made available to the lessee.
V. (Repealed)
VI. (Repealed)
VII. – 1. The tax credit is subject to a reversal in respect of the year during which:
a) One of the conditions mentioned in I is not met;
b) The housing units mentioned in I are sold, if this sale occurs before the expiry of the five-year period mentioned in a of 1 and 2 and in b of 5 of the same I.
2. Where the investment takes the form of the construction of a building or the acquisition of a building to be constructed, the building must be completed within two years of the date on which the foundations are completed.
Failing this, the tax credit acquired in respect of this investment is subject to a reversal in respect of the year in which the end of this two-year period occurs.
VIII. – 1. This article applies to the acquisition, construction or renovation of buildings carried out from 1 July 2014 until 31 December 2025. For the purposes of this VIII, construction means buildings that have been the subject of a declaration that work has begun.
2. A decree sets the conditions for application of this article, in particular the reporting obligations incumbent on the organisations mentioned in the first paragraph of 1 of I.
IX. – The benefit of the tax credit provided for in I is subject to compliance with Commission Decision 2012/21/EU of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest.