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Deemed periods for the purpose of claiming only or main residence relief
KEY POINTS
- The deemed periods of occupation for exemption from capital gains tax are in TCGA 1992 s 223(3).
- Up to £40 000 of lettings relief may also be available.
- The interaction of only or main residence and a capital loss on the property.
- Obtaining evidence of occupation can be difficult but is important.
Rarely does a week go by without my covering a tax case on only or main residence relief during a lecture.
Such cases nearly always centre on whether the owner has ever occupied the property as a “residence” with a sufficient degree of permanence (or intended permanence) to enable the final 36 months of ownership (or the final 18 months for most disposals after 5 April 2014) to be treated as “deemed occupation” and thus exempted by...
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