UT confirms FTT decision that taxpayers were entitled to private residence relief (HMRC v Gerald Lee and Sarah Lee)

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• Why it matters
• Case details

Article summary

Tax analysis: In Lee and another, the Upper Tribunal (UT) dismissed HMRC’s appeal against the First-tier Tax Tribunal’s (FTT) decision that a couple were entitled to full private residence relief on the sale of a house which they had constructed on land which they bought several years before moving in. The UT held that the ‘period of ownership’ for the purposes of the relief referred to the period of ownership of the house rather than the land.