Question juridique clé
Whether the difference between the low rent and the higher imputed rental value could be taxed as income of the divorced spouse-tenant.
Solution extraite
No. A tenant who remains in the former marital home under an ordinary rental arrangement is not taxed on the difference to the imputed rental value absent a basis such as a reserved right of use, an unentgeltlich comparable right, or another statutory basis.
Motifs extraits
The tenant was not the former owner and had not reserved a right of use comparable to ownership. The rent was below market, but the legal setup did not create a gratuitous or owner-like use right. The statutory provisions on income from immovable property and on natural benefits did not permit taxing the tenant on the gap; the arrangement also was not an additional maintenance payment.