Question juridique clé
Whether a holder of a right of habitation may deduct renovation/maintenance costs borne under a written cost-sharing agreement with the owners
Solution extraite
Yes. A right-of-habitation holder who, under a valid agreement, actually bears maintenance costs may deduct those costs as income-producing expenses.
Motifs extraits
For income tax, habitation and usufruct are treated alike with respect to self-use; the holder is taxed on the rental value and may deduct related expenses actually borne. A contractual allocation departing from Art. 778 ZGB is admissible and binding for tax purposes.