# USUFRUCT WIDOWED SPOUSE

How is the usufruct calculated?
Usufruct for life

It is based on the basis that, to calculate the taxable income of the usufruct, it is calculated using the following formula: 89 - age of the usufructuary (with a minimum of 10% and a maximum of 70% when the usufructuary is less than 20 years old.

Example:

If the usufructuary is 69 years old, and what is transmitted is the usufruct of a property with a real value of € 200,000, the calculation would be as follows:

89-69 = 20%

200,000 x 20% = € 40,000 (usufruct value)

Therefore, the Taxable Base of the tax, whether it is an onerous or free transfer, will be € 40,000, to which the TPO or ISD tax rules will apply, depending on the type of transfer.

4.2. Temporary usufruct:

The temporary usufruct will be valued at 2% of the value of the asset for each year of duration of the usufruct without exceeding 70%.

Example:

Temporary usufruct: 10 years

10 x 2% = 20%

200,000 x 20% = € 40,000

Once the Tax Base has been obtained, the rules of each tax (ITP or ISD) must be applied depending on whether it is a free or onerous transmission.