10. Real rights of use and enjoyment (excluding those that, if applicable, fall on the habitual residence of the taxable person)
Regulations: Art. 20 Wealth Tax Law
This section includes real rights of use and enjoyment, except those that fall on the taxpayer's habitual residence, as well as rights over real estate acquired by virtue of timeshare contracts, part-time ownership or similar formulas, when said contracts do not entail partial ownership of the property.
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Temporary usufruct. Its value will be estimated proportionally to the total value of the property, at a rate of 2% for each one-year period remaining in the usufruct, without exceeding 70%.
Therefore, to determine the value of temporary usufructs, the percentage resulting from the following operation will be applied to the total value of the property:
(2 x number of years remaining in force)%, with a maximum of 70%
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Usufruct for life. Its value will be estimated starting from 70% of the total value of the property, when the usufructuary is under 20 years of age, and reducing said percentage by 1% for each year that said age is exceeded, up to a minimum of 10% of the total value of the property.
Consequently, the value of life usufructs will be the amount obtained by applying the percentage resulting from the following operation to the total value of the property:
(89 – age of the usufructuary as of December 31)%, with a minimum of 10% and a maximum of 70%
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Use rights and room. They will be computed at the value resulting from applying the rules corresponding to the valuation of temporary or life usufructs, as the case may be, to 75% of the value of the assets on which such rights were imposed.
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Rights to timeshare use of real estate . They will be valued at their acquisition price, regardless of their nature.
Example
Mr. MTS is the holder of a life usufruct right over a property whose value, for the purposes of the Wealth Tax, is 90,000 euros. The age of the usufructuary as of December 31, 2021 is 25 years.
Determine the value of the life usufruct for the purposes of the Wealth Tax.
Solution
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Determination of the applicable percentage based on the age of the usufructuary: (89 – 25) = 64 percent
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Value of life usufruct: 64% of 90,000 = 57,600 euros