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Right of residence - 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.

There are various differences. A usufructuary can use the Real Estate himself, but can also rent it out to third parties. They therefore have to pay the full ordinary tax burden (income and wealth tax). If you live in a right of residence, you only have to pay tax on the imputed rental value (income tax).

If you grant a usufruct or a right of residence, you must have this publicly notarized and entered in the land register for it to be valid.

The usufruct and the right of residence are not transferable or inheritable.

Alternatively, a written rental agreement can be drawn up.

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