Assessment of usufruct or right of residence

Evaluation of usufruct or right of residence shows advantages and disadvantages

If the parents wish to continue to live in the property after the transfer within the family, it makes sense to assess usufruct or right of residence

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The two rights have various differences. For example, unlike the right-of-residence holder, the usufructuary can not only use the Real Estate themselves, but also rent it out to third parties. For this reason, they also bear the full ordinary tax burden (income and wealth tax), whereas the right-of-residence holder only pays tax on the imputed rental value (income tax).

Both a usufruct and a right of residence must be publicly notarized and entered in the land register in order to be valid.

No, neither the usufruct itself nor the right of residence are transferable or inheritable.

It is also possible, for example, to conclude a written rental agreement.

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Oliver Kölliker
Manager
Attorney at Law, holder of the Lucerne notary patent, patented trustee