4,2,13. M) Real rights of use and enjoyment, excluding those that, if applicable, fall on the subject's main residence
In this section, the real rights of use and enjoyment must be declared, including rights of use by turn of real property or other similar rights or formulas that do not entail the partial ownership of the property.
However, the real rights of use and enjoyment of the main residence must not be included in this section, which must be declared in section A1) of section "A. Urban property ".
The real rights of use and enjoyment will be valued in accordance with the criteria set out in the Property Transfer Tax and Legal Acts stamp, taking, as the case may be, the value assigned to the asset in accordance with the rules of valuation of the Wealth Tax.
- Temporary usufruct
The value of the temporary usufruct will be estimated proportionally to the total value of the asset, at 2 per 100 for each period of one year, without exceeding 70 per 100. That is,
(2 * The number of years remaining in force of the usufruct)% * total value of the asset; With a maximum of 70 per 100.
For the calculation of the value of the temporary usufruct, the fractions of time less than one year will not be taken into account, although the usufruct for less than one year will be counted at 2% of the value of the assets. 100
- Lifetime usufruct
In life annuities, it will be estimated that their value is equal to 70 per cent of the total value of the asset when the 100 usufructuary is under twenty years old, reducing as age increases, in the proportion of 1 per 100 less for each year more with the minimum limit of 10 per 100 of the total value of the asset. That is,
[70-(Age of the taxpayer on the date of accrual of the Tax ‑ 19 Years)]% x total value of the asset; With a minimum of 10 per 100.
- Rights of use and room
The value of the rights of use and room will be calculated by applying the rules corresponding to the valuation of temporary or life usufructs to 75 per 100 of the value of the assets on which they were imposed.
Rights to use real estate shifts
Any rights of use for the purpose of real estate, whatever its nature, as well as other rights or similar formulas that do not involve partial ownership of the property, will be valued at the acquisition price of the certificates or other securities representing these rights.
- Other real rights of use or enjoyment
The real rights not included in the above sections shall be calculated by the capital, price or value that the parties have agreed upon when constituting them , provided that it is greater than or equal to the amount resulting from capitalizing the annual income or pension at 3% (legal interest rate of the money in force on the date of accrual of this Tax) 100
If the real right falls on real estate, you must first check the box in the window established for this purpose.
In the column "Password" select:
If the real right falls on real estate, the status code, the property's land registry reference number and its situation must be entered: Public road, number, municipality and province.
In the column "Value of the asset" the one corresponding to the good of which the right is applicable will be entered, applying the valuation rules of this Tax, which are set out in the different sections of the Help.
In the column "Value of the right" the one corresponding to the value of the right will be entered in accordance with the valuation rules already mentioned in this "section M".