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Usufruct is the right to use and benefit from a property, while the ownership of which belongs to another person. The person who enjoys the usufruct is called the usufructuary.
A usufruct is established by law in favor of a surviving spouse when a community property spouse dies intes- tate, whereupon the decedent's children become the ?naked owners? subject to that usufruct. The granting of a usufruct is not constrained to the laws of intes- tacy, however.
A usufruct is a legal right ed to a person or party that confers the temporary right to use and derive income or benefit from someone else's property. It is a limited real right that can be found in many mixed and civil law jurisdictions. A usufructuary is the person holding the property by usufruct.
The perfect usufruct includes only those things that a usufructuary (one who holds property under right of usufruct) can use without changing their substance, such as land, buildings, or movable objects; the substance of the property, however, may be altered naturally over time and by the elements.
U.S. Tax of a Usufruct It is similar to owning an asset as a secondary owner with no right to income. While it may be reportable (FBAR & FATCA), if there is no income attributed to the naked owner, then there is no tax. As to the Usufruct, they would be taxed.