Décision judiciaire de Tribunaux Administratif, 27 mai 2009 (cas Tribunal Administratif de Paris, 1ère Section - 1ère Chambre, 27/05/2009, 0418341)
Date de Résolution: | 27 mai 2009 |
Numéro de Décision: | M. LE DIRECTEUR DES SERVICES FISCAUX DES HAUTS-DE-SEINE-NORD |
Juridiction: | Tribunal administratif de Paris |
Nature : | Texte |
Vu la requête, enregistrée au greffe du tribunal le 16 août 2004, présentée par M. Robert DREUX, demeurant 15, rue Melonnière à Rueil-Malmaison (92500) ; M. DREUX demande au tribunal de prononcer la décharge des cotisations de taxe sur les locaux vacants auxquelles il a été assujetti au titre des années 2001 à 2003 ;
..........................................................................................................
Vu la décision par laquelle le directeur des services fiscaux des Hauts-de-Seine Nord a statué sur la réclamation préalable ;
Vu les autres pièces du dossier ;
Vu le code général des impôts et le livre des procédures fiscales ;
Vu le code civil ;
Vu le code de justice administrative ;
Les parties ayant été régulièrement averties du jour de l'audience ;
Après avoir entendu au cours de l'audience publique du 13 mai 2009 :
- le rapport de Mme Beugelmans-Lagane, rapporteur ;
- et les conclusions de Mme Weidenfeld, rapporteur public ;
Considérant que M. DREUX conteste la taxe sur les logements vacants mise à sa charge au titre des années 2001 à 2003, à raison d'un appartement situé au 17, rue de la Melonnière à Rueil-Malmaison, au motif qu'en tant que propriétaire indivisaire, il n'est redevable que de la partie de l'impôt proportionnelle à ses droits de propriétés et que la vacance dudit appartement est indépendante de sa volonté ;
Sans qu'il soit besoin de statuer sur les autres moyens de la requête :
Considérant, d'une part, qu'aux termes de l'article 232 du CGI, issu de l'article 51 de la loi du 29 juillet 1998 d'orientation relative à la lutte contre les exclusions : I. Il est institué, à compter du 1er janvier 1999, une taxe annuelle sur les logements vacants dans les communes appartenant à des zones d'urbanisation continue de plus de deux cent mille habitants où existe un déséquilibre marqué entre l'offre et la demande de logements, au détriment des personnes à revenus modestes et des personnes défavorisées (...) II. La taxe est due pour chaque logement vacant depuis au moins deux années consécutives, au 1er janvier de l'année d'imposition (...). - La taxe est acquittée par le propriétaire (...) qui dispose du logement depuis le début de la période de vacance mentionnée au II. (...) VI. - La taxe n'est pas due en cas de vacance indépendante de la volonté du contribuable. VII. - Le contrôle, le recouvrement, le contentieux, les garanties et les sanctions de la taxe sont régis comme en matière de taxe foncière sur...
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