Value of usufruct and bare ownership: the scale in Article 669 and its special cases

For registration fees, the value of the usufruct and that of the bare ownership are fractions of the full ownership value of the property. For a life usufruct, the fraction depends on the age of the usufructuary: 90 % of usufruct before age 21, 10 % after age 91, and the bare ownership is the remainder of 100 %. For a fixed-term usufruct, the BOFiP (French Official Tax Bulletin) uses 23 % of the full ownership value per ten-year period.

This page deals with valuation. The termination of usufruct, the details of the gift of bare ownership, the calculation of the resulting duties and the situation of non-residents are not covered here.

The principle: a fraction of full ownership

According to service-public.gouv.fr, full ownership consists of usufruct and bare ownership. The right to use the property and derive income from it is reserved for the usufructuary. Bare ownership is the right that gives its holder, the bare owner, the ability to dispose of the property (service-public.fr glossary).

For tax purposes, the BOFiP (Official Bulletin of Public Finances) applies the scale in paragraph I of Article 669 of the French General Tax Code (CGI) to the calculation of registration fees and land registration tax. The value is a fraction of the full ownership value, "which varies according to the age of the usufructuary at the time of transfer." For assets transferred by inheritance, the BOFiP adds that the value of the asset on the day the bare owner regains full ownership is irrelevant in this respect.

Service-public indicates that this scale is used in particular to calculate registration fees in the event of a gift, inheritance or sale.

For a gift, the BOFiP (Official Bulletin of Public Finances) regarding the tax base for gifts indicates that the usufruct and bare ownership are valued at a flat rate as a fraction of the full ownership. It excludes the application of an additional allowance solely due to the division of ownership rights. The calculation of taxes on a gift with reservation of usufruct is addressed on a dedicated page.

The scale of life usufruct

The BOFiP (French Official Tax Bulletin) defines a life usufruct as one "that only ends upon the death of the beneficiary or beneficiaries." The scale is calculated using the usufructuary's full age, that is, their age on their last birthday (as specified by the public service simulator).

The same percentages are listed on service-public.fr (information verified on 03/07/2026). The BOFiP (Official Bulletin of Public Finances) consulted has been in effect since 23/12/2013.

The sources do not specify how to interpret an age exactly equal to one of the age limits (21, 31, 41, etc.) nor how to handle the age of 91. We do not offer a definitive answer: if the usufructuary is in this situation, have the applicable age line confirmed with the notary before calculating the amount.

Other forms of split of ownership

Fixed-term usufruct

A usufruct established for a fixed term is valued at 23% of the full property value for each ten-year period of its duration, "without fraction and without regard to the age of the usufructuary." The BOFiP (French Official Tax Bulletin) specifies that this calculation must not give the usufruct a value greater than that of a life usufruct.

The BOFiP ceiling applies in addition to these percentages. The duration, which is not a multiple of ten years, must be verified in the BOFiP before any calculation.

The usufruct of a legal entity

The BOFiP (Official Bulletin of Public Finances) states that usufructs established for the benefit of a legal entity cannot exceed thirty years, i.e., at a rate of 23 % per ten-year period, a maximum of 69 % (calculation on this page). Service-public also mentions this 30-year term.

The right of habitation and use

The BOFiP (French Official Tax Bulletin) uses 60 % of the usufruct value for rights of habitation and use, this value being determined in accordance with paragraph I of Article 669 of the French General Tax Code (CGI). For the surviving spouse's right of habitation, the age used is that reached at the end of the temporary right to housing, i.e., one year after the death.

Several usufructuaries

• Joint usufructs without planned division The assets are fictitiously divided into as many shares as there are beneficiaries. The BOFiP (French tax authority) does not state that these shares are equal.
• Surplus clause : the initial perception is revised, and the excess perceived on the value of the bare ownership is refundable.
• Reversion of usufruct : all reversion clauses fall under the regime of inheritance tax.
• Usufructs opened on the date of the transfer : only these are taken into account when evaluating bare ownership.

The official simulator

The French public service website (Service-public) offers a free simulator: based on the total value of the assets and the age of the usufructuary, it calculates the tax value of the usufruct or bare ownership in the case of a life usufruct, following a gift or inheritance. It does not apply to temporary usufruct, the right of use and habitation, or the French wealth tax (IFI).

For real estate, the French government's public service website specifies that the usufructuary must pay property tax and wealth tax on real estate (IFI), depending on the property's value. This page does not cover IFI.

Numerical example (fictitious profile)

Situation. Marc, 64, owns a €600,000 apartment outright. He is considering the tax implications of various forms of property division.

Issue. What value does the scale assign to usufruct and bare ownership, and what changes with age or the nature of the right?

Strategy. Read the scale for a person aged 64 (line "under 71 years of age"), compare it with a 77-year-old usufructuary (line "under 81 years of age"), then assess a ten-year usufruct and a right of residence. Assumptions: the ten-year usufruct is granted to a 64-year-old, and the right of residence also benefits a 64-year-old.

Result.

For a property of equal value, the bare ownership increases from €360,000 to €420,000 when the usufructuary is 77 years old instead of 64. The BOFiP (French Official Tax Bulletin) states that a fixed-term usufruct cannot have a value higher than that of a life usufruct, without specifying the age to be used for this comparison. As an example, we will use the life usufruct of a 64-year-old: €138,000 remains below €240,000. This is an interpretation of the rule, not a clarification from the BOFiP. This page does not provide figures for the bare ownership value of a ten-year usufruct or for a property encumbered by a right of habitation.

This profile is fictitious. The ages are chosen to be in the middle of the range to avoid the extremes. It does not calculate gift or inheritance taxes.

What changes depending on your situation

• The past age of the usufructuary at the time of transmission, which sets the line of the scale.
• The nature of law : life usufruct, for a fixed term, for the benefit of a legal entity, right of use or habitation.
• The number of usufructuaries and the existence of an accrual or reversion clause.
• The operation in question The detailed rules for gift, inheritance or sale are not included here.
• The tax in question : this page is about registration fees, not about the IFI.

The rule depends on your situation. No results are guaranteed.