Details of the device of robien

The Robien device of rental investment (which replaces the “Besson”) is applicable with retroactive effect for all the beams concluded as from 2003 (setting in hiring as from 2003). Publication with the Official journal of December 21, 2003.

“We wanted to give a new dash to I' rental investment, I' old device not being adapted to the sites where the needs are felt more” specified the minister, Gilles de Robien

• Here are main developments:

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  • Increase in the ceilings of rents (until more than 100% in certain zones!)
  • Simplification of zoning (3 zones instead of 4)
  • Removal of the ceilings of resources of the tenants.
  • Extension to the deputy hirings (residences coeds)
  • Adaptation of the regulation in favour of the SCPI
  • Opening to old under certain conditions

Attention, this device: 

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  • IS RESERVED FOR the PURCHASE Of a New housing, WITH an AIM OF PUTTING IT IN HIRING: a housing whose investor is already owner cannot thus satisfy the conditions
  • IT THUS DOES NOT APPLY TO the ACQUISITION OF the MAIN HOME OF the INVESTOR

Applicable to the nine - as at old completely rehabilitated and under certain very strict conditions, its principal attraction lies in damping - tax deduction - of part of the amount of the investment.

For the investor choosing this tax incentive, two conditions of hiring are to be respected:

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  • to preserve the good in hiring during a 9 years minimum
  • to respect a ceiling of rent (per month and m ²).

• For the warned investor, the impact of the device of Robien is considerable:

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  • Possibility of investing finally in averages and large surfaces (T2, T3, T4, house) without fearing the shelf of a “too easy” tenant (noneligible formerly with the Besson device).
  • Possibility of acquiring a good in zones where the price of the real estate is high.
  • Clear improvement of the profitability of the investment.

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• Press conference of April 3, 2003:

Gilles de Robien, Ministre for the Equipment submitted the new device in favour of the rental investment, suggested by the Government to the Parliament.
It was the object of an amendment to the bill carrying various provisions as regards Urbanisme, of Habitat and Construction, under examination at the Parliament which should be definitively voted from here the end of the parliamentary session.
It will apply with retroactive effect to April 3, 2003.
The new device in favour of the rental investment suggested by Gilles de Robien aims at giving again oxygen at a market at the edge of asphyxiation in certain zones where, confronted with a continuous rise of the rents and a dramatic rarefaction of the offer, the tenants encounter always more difficulties of placing themselves.

LAW DEMESSINE (ZRR)

The law Demessine is addressed to the private individuals who invest in residences located in the residences of tourism located certain zones defined by Europe and which commits itself renting it 9 years.

For the residences acquired or completed from January 1, 2004:
- the rates and the ceilings of the tax cut are raised;
- this advantage is extended to acquisitions of old residences intended for the hiring which are the subject of an operation of rehabilitation.

It is pointed out that it can be operated only one tax cut at the same time during the period 1999-2006.

Recall of the conditions for application

Rental investments carried out until 2006 in a residence of tourism classified located in zone of rural revitalization or in zones defined by Europe. in structural difficulties open right to a tax cut when they have as an aim the acquisition of a housing or expenditure of rebuilding, major repairss or of improvement of an existing housing.

Text Amendment:

BILL IN FAVOUR OF THE DEVELOPMENT OF THE RURAL TERRITORIES

Article

I - The General Tax Code is thus modified

A)… article 199 decies E of the General Tax Code is thus modified.

1°) the second subparagraph is thus modified:

a) the words “four years” are replaced by the words “six years”;

b) the word “quarter” is replaced by “sixth”;

c) the words “three years” are replaced by “five years”.

2°) the third subparagraph is thus written:

“also open right to the tax cut, under the same conditions, the residences belonging to a residence of tourism classified located in a zone other than a zone of rural revitalization above mentioned and registered on the list for France of the zones concerned with the objective n° 2 envisaged at article 4 of Payment (EC) n° 1260/99 of the Council of bearing June 21, 1999 general provisions on structural bases, other than the communes located in agglomerations of more than 5.000 inhabitants. ”

B - Article 199 decies EA is thus modified

1°) the first subparagraph is thus modified:

The words “in the stations classified pursuant to articles 2231-1 and following General Code of the Territorial collectivities and in the tourist communes whose list is fixed by decree” are inserted after the words “work of rehabilitation”.

2°) It is added a fifth subparagraph thus written:

The owner of the residence of tourism will reserve under conditions fixed by decree a percentage from at least 15% of residences for the seasonal employees”

II - The provisions of I are applicable to the residences acquired or completed from January 1, 2004

EXPOSE REASONS

Concerning the amendment of article 199 decies E and EA of the cgi relating to construction and the rehabilitation of the residences of tourism

The reinforcement of the tourist attractivity of the territories in particular in rural area passes by the creation of a new offer of residences of tourism and by the maintenance of the old offer, like by and the durable management development of the inheritance. It is advisable to supplement the device defined by articles 199 decies E and EA of the General Tax Code, modified partly by the PLF 2004 so that this device is in conformity with the decisions snuff by the inter-ministerial committee of Tourism of last September 9.