R
years
Usufruct Value
R 2 240 833
89.6% of property value
Bare Dominium Value
R 259 167
Life Expectancy
20.0 yrs
Term Used
20.0 yrs
Discount Rate
12% (SARS Table B)
Estate Duty Implications
PartyValue in EstateEst. Duty (if sole asset)
Usufruct HolderR 2 240 833R 0
Bare Dominium OwnerR 259 167R 0
Total (split)R 2 500 000R 0
Outright ownershipR 2 500 000R 0

Estate duty calculated at 20% on dutiable amount above R3.5m abatement. Actual duty depends on total estate and available deductions.

Understanding Usufruct Valuations in South Africa How to use • Formula • Example

How to Use This Calculator

Enter the property value, the age and gender of the usufruct holder, and whether the usufruct is for life (ending on death) or a fixed term. The calculator uses SARS Table A (life expectancy) and Table B (12% discount rate) to value the usufruct and the bare dominium separately, and shows the estate duty implications for each party.

Use the Estate Planning tab to compare the total family tax cost of three common will structures for a South African estate: outright bequest, usufruct to spouse, and usufruct to a child.

The Usufruct Valuation Formula

SARS uses the following formula (Section 10A of the Income Tax Act, Table B at 12% discount rate):

Usufruct Value = Property Value × (1 − (1.12)^−n) Bare Dominium = Property Value − Usufruct Value

Where n is the lesser of the fixed term and the holder's life expectancy from SARS Table A.

  • 12% discount rate is prescribed by SARS Table B — this is fixed regardless of market rates
  • Life expectancy is read from SARS Table A based on age and gender
  • Section 62 of the Estate Duty Act: usufructs are included in the usufruct holder's estate
  • Section 25 of the Income Tax Act: rental income from usufruct property is taxed in the usufruct holder's hands

Worked Example

Nomsa (age 62, female) holds a life usufruct over a Cape Town property worth R2,500,000. SARS Table A gives her a life expectancy of approximately 19 years.

Usufruct Value = R2,500,000 × (1 − 1.12^−19) = R2,500,000 × 0.8756 = R2,189,000

Bare Dominium = R2,500,000 − R2,189,000 = R311,000

When Nomsa dies, the usufruct value (R2,189,000) falls into her estate. Her son, who holds the bare dominium, receives full ownership without estate duty, since he already owns it.

Frequently Asked Questions

What is a usufruct in South African law?

A usufruct (ususfructus) is a limited real right that entitles the holder to use and enjoy another person's property — including collecting rental income — for a specific period, usually for life. The bare dominium owner holds title but cannot use the property while the usufruct is in force. Usufructs are commonly created in wills to allow a surviving spouse to remain in the family home while preserving the property for children.

Why does SARS use a 12% discount rate for usufruct valuations?

SARS Table B prescribes a fixed 12% annual discount rate for valuing limited interests such as usufructs. This rate has not changed in decades and does not reflect current market yields. It is used solely for SARS valuation purposes under Section 10A of the Income Tax Act and for donations tax and estate duty calculations. A financial planner may use a different rate for actual estate planning purposes.

Does estate duty apply to a usufruct left to a surviving spouse?

Under Section 4(q) of the Estate Duty Act, property or rights accruing to a surviving spouse are deducted from the dutiable estate. A life usufruct granted to a surviving spouse is therefore generally exempt from estate duty on the first death. However, the full property value will be included in the surviving spouse's estate on second death, though a combined abatement of R7,000,000 applies.

What is the difference between a usufruct and a fideicommissum?

A usufruct grants the right to use and enjoy property, while a fideicommissum is a testamentary arrangement where property is bequeathed to one person (the fiduciary) on condition that it passes to another (the fideicommissary) on a future event — typically the fiduciary's death. A fideicommissum gives the fiduciary broader rights (including selling, subject to conditions), whereas a usufructuary cannot sell the property itself. Both are common in South African estate planning but have different tax and practical implications.

Is rental income from a usufruct property taxable?

Yes. Under Section 25 of the Income Tax Act, rental income derived from property subject to a usufruct is taxed in the hands of the usufruct holder, not the bare dominium owner. The usufruct holder may deduct legitimate expenses (rates, levies, maintenance) against this rental income. When the usufruct terminates, the bare dominium owner becomes the registered owner and is responsible for future tax on income.