4.2.13. M) Real rights of use and enjoyment, excluding those that, if applicable, fall on the habitual residence of the subject

In this section, the real rights of use and enjoyment must be declared, including the rights to take advantage of real estate or other rights or similar formulas that do not involve partial ownership of the property.

However, this section should not include the real rights of use and enjoyment of the habitual residence, which must be declared in section A1) of section “A. “Urban real estate.”

Rules of assessment

The real rights of use and enjoyment will be valued in accordance with the criteria indicated in the Tax on Property Transfers and Documented Legal Acts, taking, where appropriate, as a reference the value assigned to the property in accordance with the valuation rules of the Property Tax. Heritage.

1. Temporary usufruct

   The value of the temporary usufruct will be estimated proportionally to the total value of the asset, at a rate of 2% for each period of one year, without exceeding 70%. That is to say: (2*number of years remaining in the validity of the usufruct)% * total value of the asset; with a maximum of 70%.

   For the calculation of the value of temporary usufruct, fractions of time less than a year will not be taken into account, although usufruct for a period of less than one year will be computed at 2% of the value of the assets.

2. Usufruct for life

   In life usufructs, its value will be estimated to be equal to 70% of the total value of the property when the usufructuary is less than twenty years old, decreasing, as the age increases, in the proportion of 1% less for each more year. with the minimum limit of 10 percent of the total value of the asset. That is to say: [ 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%.

3. Use rights and room

   The value of the rights of use and habitation will be computed by the value resulting from applying to 75% of the value of the assets on which they were imposed, the rules corresponding to the valuation of temporary or lifetime usufructs, as the case may be.

   Rights of use by turns of real estate

   The rights of temporary use of real estate, whatever their 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 titles representing said rights.

4. Other real rights of use or enjoyment

   The real rights not included in the previous sections will be computed by the capital, price or value that the parties had agreed upon when establishing them, provided that it is greater than or equal to that resulting from capitalizing the annual income or pension at 3% (interest rate). legal amount of money in force on the date of accrual of this Tax)

Completion

If the real right falls on real estate, you must previously check the box in the window established for this purpose.

If you have to list more elements than those contemplated in the program, you can declare them cumulatively in the last box. In this case you will only have to fill in the data related to the description and the rating.

In the "Key" column, select:

• OR: Usufruct.

• D: Rights of use by turn of real estate, constituted as a real right.

• EITHER: Other real rights of use and enjoyment.

If the real right falls on real estate, the location code, the cadastral reference of the property and its location must be entered: public road, number, municipality and province.

In the "Value of the good" column, the value corresponding to the good from which the right comes will be entered, applying the valuation rules for this Tax that are included in the different sections of the Aid.

In the column "Value of the right" the value corresponding to the value of the right will be entered following the valuation rules already mentioned in this " Section M”.