French General Tax Code
In forceI. - A tax is levied each year for the benefit of the region and the body mentioned in V, payable by gold mine concessionaires, the amodiataires of gold mine concessions and the holders of permits and authorisations to operate gold mines operated in French Guyana.
II. - The tax is based on the net mass of gold extracted by the persons mentioned in I in the year preceding that in respect of which the tax is due. The rate per kilogram of gold extracted is set each year by order of the ministers responsible for mines, the interior and the economy within the following limits:
1° For the tax due by businesses falling within the category of small and medium-sized enterprises as defined by Annex 1 to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty the rate may not exceed 1% of the average annual gold price recorded on the London Bullion Market in the year preceding the year in respect of which the tax is due without, however, being less than €40 ;
2° For the tax due by other companies, the rate may not be more than 2% of the average annual price of gold recorded on the London Bullion Market in the year preceding the year in respect of which the tax is due, but may not be less than €80.
III. - The taxpayers mentioned in I may deduct from the tax the amount of investments made in the year preceding the year in respect of which the tax is due to reduce the impact of gold mining on the environment, up to a double limit of 45% of the amount of the tax and €5,000.
IV. - Each year, before 1st March, the taxpayers mentioned in I send a declaration to the government departments responsible for mines, indicating the concessions, amodiations of concessions and mining permits and authorisations they held during the previous year, as well as the names of the municipalities in whose territory the said mining operations were carried out. The tax is established for each mining title issued in the commune of the main place of exploitation.
This declaration shows, for each exploitation and for the whole year, the net mass of gold extracted. After verifying the declaration, the government departments responsible for mining forward to the tax department, for each operation, the information required to calculate the tax.
The tax is established by means of a tax assessment and collected in the same way as for direct taxation. The same applies to the submission, investigation and adjudication of claims.
V. - The tax due by the small and medium-sized businesses defined in 1° of II is allocated to the region of French Guyana and, as of the creation of the body responsible for the inventory, development and conservation of biodiversity in French Guyana, half to the region and half to this body. The tax paid by other companies is allocated to the region of French Guyana and, from the creation of the said body, three quarters of the amount to the region of French Guyana and one quarter of the amount to this body.
VI. - The methods for determining the net mass of gold extracted and the nature of investments made to reduce the environmental impact of gold mining that may be deducted from the tax are defined by decree in the Conseil d'Etat.
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