French General Tax Code
In forceI. - Taxpayers whose income does not exceed the amount stipulated in II of article 1417, a rebate equal to the fraction of the contribution exceeding 50% of the total amount of their income defined in II and IV of this article.
The first paragraph does not apply to taxpayers liable for real estate wealth tax in respect of the year preceding that of the real estate tax on built-up properties.
II. - For the application of I, the income taken into account means the income defined in IV of article 1417, without application of the quotient rules defined in article 163-0 A, decreased by the amount of the contributions or premiums mentioned in a of 1° of the same IV and increased by the amount:
a) Of the sums mentioned in a of 18° and 18° bis of article 81 and the sums due to employees mentioned in l'article 163 bis AA, subject to the availability of these sums;
b) Net gains realised since the opening of a share savings plan mentioned in article 163 quinquies D in the event of a withdrawal or redemption after the expiry of the fifth year;
c) Capital losses charged in the year preceding that in respect of which property tax is assessed pursuant to 11 of article 150-0 D;
d) The allowance referred to in I of article 125 A;
e) The losses charged, pursuant to I of Article 156, the year preceding that for which the property tax is assessed;
f) The annuities, remuneration, interest and miscellaneous income mentioned in 5° ter to 22° of article 157, subject to the availability of these sums;
g) The deductions from overall income provided for in articles 157 bisand 196 B.
III. - From 2012, the amount of the tax relief provided for in I is reduced by an amount equal to the product of the net taxable base for the benefit of the municipalities or public establishments for inter-municipal cooperation with their own tax system by the difference between the overall rate of property tax on built properties recorded in these municipalities or establishments in respect of the year of taxation and this same overall rate recorded in 2011.
For the application of the first paragraph:
a) When the net taxable bases for the benefit of the municipality and the public inter-municipal cooperation establishment with its own tax status are different, the lower base is used;
b) The overall rate of property tax on built properties includes the rate of special equipment taxes additional to property tax on built properties;
c) The reduction is not applicable if it is less than €15.
IV. - For the application of I and II, income means:
a) The income of the taxpayer's tax household in whose name the tax is established;
b) Where the property tax is established in the name of several persons belonging to separate tax households, the sum of the incomes of each of these persons' tax households ;
c) When the persons mentioned in a and b of this IV cohabit with persons who are not part of their tax household and for whom the built property constitutes their main home, the sum of the incomes of each of the tax households of the persons in whose name the tax is established as well as the incomes of each of the cohabitants' tax households.
V. - For the application of I, the property tax assessment on built-up properties refers to amounts collected for the benefit of municipalities and public inter-municipal cooperation establishments with their own tax status as well as additional taxes to these taxes collected for the benefit of establishments and bodies authorised to collect these additional taxes, with the exception of the household waste removal tax.
VI. - The tax relief is granted on a claim submitted within the period indicated in Article R. * 196-2 of the tax procedures book and in the forms provided for by that same book.
