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701.1 GBRPLCAT CH-JU

Art. 111B Law on Construction and Land Use Planning (LCAT)

7. Constructions, travaux publics, énergie, Transportation and Communications » 70. Construction and Land Development » 701. Construction
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Art. 111B Law on Construction and Land Use Planning (LCAT)

1 In the event of a capital gain, the State collects a contribution as follows

a) 30% when the capital gain results from the allocation of the real estate to a building zone or from an exceptional authorization outside the building zone;

b) 20% when it results from a change in allocation or an increase in the potential uses within the building zone.

2 The Government sets the amount of the capital gain below which no contribution is collected.

3 The contribution is due

a) in the case of allocation to the building zone, change of allocation, or increase in the potential uses within the building zone, by the property owner at the time the contribution is determined;

b) in the case of an exceptional authorization outside the building zone, by the beneficiary.

4 Public entities and their institutions are not subject to the contribution when the capital gain is realized on real estate owned by them and necessary for the fulfillment of public duties.

5 The collection of a real estate gains tax is reserved.

← Art. 111A Law on Construction and Land Use Planning (LCLUP) 7. Constructions, travaux publics, énergie, Transportation and Communications » 70. Construction and Land Development » 701. Construction Art. 111C Law on Construction and Territorial Planning (LCTP) →

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Court Decisions Applying This Provision (11)

ADM 2024 55 · ju (Art. 111b al. 3 let. a LCAT)
Land Value Increase Contribution Calculation Case
Cited in conjunction with Art. 111c LCAT to determine the debtor of the land value increase contribution.
ADM 2022 214 · ju (art. 111b al. 3 let. a LCAT)
Land Appreciation Contribution Liability: Original Owner Responsible
Interpreted to mean that the contribution is due by the property owner at the time the planning measure takes effect, not when the contribution is assessed.
ADM 2020 14 · ju (art. 111b al. 1 let. a LCAT)
Land Appreciation Contribution: Owner Liable Regardless of Subsequent Transfers
This provision specifies that the State collects a 20% contribution when the added value results from a change in designation or an increase in building zone utilization possibilities.
ADM 2020 14 · ju (art. 111b al. 3 let. a LCAT)
Land Appreciation Contribution: Owner Liable Regardless of Subsequent Transfers
This provision defines who owes the contribution in cases of allocation to a building zone, change of designation, or increase in utilization possibilities within a building zone.
ADM 2020 13 · ju (art. 111b al. 1 let. b LCAT)
Company's Capital Gains Contribution Appeal Rejected for Land Rezoning
Cited to establish the rate of the plus-value contribution for changes in land use designation or increased usability within a building zone.
ADM 2020 13 · ju (art. 111b al. 3 let. a LCAT)
Company's Capital Gains Contribution Appeal Rejected for Land Rezoning
Interpreted to determine that the contribution is due by the owner at the time the development measure becomes effective, not when the contribution is fixed.
ADM 2020 16 · ju (Art. 111b al. 1 let. b LCAT)
Property Owner vs. Land Development Authority: Plus-Value Contribution Dispute
Determined the contribution rate of 20% for a change in land use within a building zone.
ADM 2020 16 · ju (Art. 111b al. 2 LCAT)
Property Owner vs. Land Development Authority: Plus-Value Contribution Dispute
Used to reject the argument for exemption, as the calculated increase in value exceeded the threshold.
ADM 2020 15 · ju (art. 111b al. 1 let. b LCAT)
Property Owner's Appeal Regarding Betterment Contribution Dismissed
This article is cited to establish that the increase in the value of the property is deemed a major advantage resulting from a change of use or an increase in the possibilities of use within the building zone.
ADM 2020 15 · ju (art. 111b al. 2 LCAT)
Property Owner's Appeal Regarding Betterment Contribution Dismissed
This article is cited to explain that the specific exemption threshold for property value increase below which no contribution is collected is set by the Government.
ADM 2020 15 · ju (art. 111b al. 2 let. b LCAT)
Property Owner's Appeal Regarding Betterment Contribution Dismissed
This article is cited to justify the 20% contribution rate applied to the property value increase, as it resulted from a change of use within the building zone.