The following Personal Tax guidance note by Tolley provides comprehensive and up to date tax information covering:
Principal private residence (PPR) relief is available to reduce the chargeable gains on the disposal of (or disposal of an interest in):
TCGA 1992, s 222(1)
It is possible for a taxpayer to have more than one residence. In these circumstances, the taxpayer has two years from the acquisition of the second residence to nominate which is to be the main residence for PPR relief. The nomination can be varied at a later date. If no nomination is made the main residence is determined based on the facts, although there are ways of reopening the nomination period. For more detail, see the Principal private residence relief ― more than one residence guidance note.
HMRC has not given any guidance about how long a taxpayer must live in a property for it to become his residence. The Officer will look at the individual facts and circumstances of each case. The taxpayer must satisfy HMRC that, for that short period, the property was his home and that this had some degree of permanence; think quality of occupation not quantity.
The mechanics of the relief are discussed in detail in the Principal private residence relief ― basic principles guidance note. The purpose of this guidance note is to summarise the case law on dwelling-houses and permitted areas to help you decide on the buildings and land that qualify for PPR relief.
The legislation does not define the term ‘dwelling-house’.
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login