Annual tax

I. - The business property tax is due for the entire year by the taxpayer who carries out the activity on 1 January.

However, a taxpayer who ceases all activity in an establishment is not liable for the business property tax for the months remaining, except in the event of the sale of the activity carried out in the establishment or in the event of a transfer of activity.

When, in respect of a given year, a business property tax assessment has been issued in the name of a person other than the person legally liable for the tax, the latter's tax assessment, in respect of the same year, is established for the benefit of the State within the limit of the rebate granted to the wrongly taxed taxpayer.

II. - In the event of the creation of an establishment other than those mentioned in III, the business property tax is not due for the year of creation.

For the two years following the year of creation, the tax base is calculated on the basis of the property liable to property tax which the taxpayer had at his disposal on 31 December of the first year of activity.

In the event of the creation of an establishment, the base of the new operator is reduced by half for the first year of taxation.

III. - For establishments producing electrical energy the business property tax is due from the time of connection to the network. These establishments are taxed, for the year of connection to the network, on the basis of the rental value for that year, adjusted for the period of activity. For the two years following the year of connection, their tax bases are calculated under the conditions defined in the second paragraph of II.

IV. - In the event of a change of operator, the tax base is calculated for the two years following that of the change, under the conditions defined in the second paragraph of II.

If the change of operator takes effect on 1 January, the new operator is taxed for the year of the change on the bases relating to the activity of his predecessor.

IV bis. - Repealed.

V. - The rental value is corrected according to the period of activity for the operators of seasonal tourist hotels classified under the conditions set by the minister responsible for tourism, restaurants, cafés, discotheques, entertainment or gaming establishments as well as spa establishments, carrying out an activity of a seasonal nature, as defined by decree.

By decision of the deliberative body of the municipality and of the public establishment for inter-municipal cooperation, the provisions of the first paragraph also apply to amusement and leisure parks exercising a seasonal activity.

VI. - The organisations mentioned in II of article 1447 become taxable under the conditions set out in II, from the year in which one of the three conditions set out in the first paragraph of 1 bis of article 206 is no longer met. Where the organisation was engaged in a profit-making activity in the year prior to that in which it becomes liable for tax, the reduction in the base provided for in the third paragraph of II is not applicable.

Subject to the provisions of the second paragraph of I, the organisation remains liable for the business property tax in respect of the year during which it meets the conditions provided for in the first paragraph of 1 bis of article 206, where it did not meet them the previous year.