Determination of value of usufructs, annuities, and other property.
Section 91
SEC. 91. Determination of value of usufructs, annuities, and other property. — In order to determine the value of the right of usufruct, use or habitation, as well as that of annuity, there shall be taken into account the probable life of the beneficiary in accordance with the American Tropical Experience Table, calculated at eight per centum annual interest. The estate shall be appraised at its fair market value as of the time of death, or as of six months thereafter, at the election of the executor or administrator in the case of the estate tax or the heirs in the case of inheritance tax. However, for the purpose of determining the value of real property, the assessed value as of the time of death, or, at the election of the executor, administrator or the heirs, as of six months after death, as shown by the tax rolls shall be considered as the fair market value, unless the contrary is shown. In order to determine the tax which should be paid by the beneficiary of a legacy of education referred to in article 879 of the Civil Code, when the legacy consists of profits, interests, or dividends derived from any property, the legatee should be considered as a usufructuary until he becomes of legal age. In case a legacy of usufruct is made in favor of a juridical person, the legatee shall pay seventy-five per centum of the tax and the remaining twenty-five per centum shall be paid by the owner of the naked title of the property.