Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

No permanence

14 October 2013
Issue: 4424 / Categories: Tax cases , Capital Gains , Only or main residence

P Moore (TC2827)

The taxpayer bought a property and let it for four years. The tenant moved out in November 2006 and the taxpayer moved in because his marriage was in difficulties.

He sold the house at the end of August 2007 having put it on the market in April. He claimed only or main residence relief on the gain under TCGA 1992 s 222 on the basis he had lived at the property for eight months.

HMRC said the taxpayer’s occupation did not have sufficient degree of permanence and no relief was due. The taxpayer appealed.

The First-tier Tribunal decided the taxpayer did not have the intention of staying in the house for a considerable period: he had not arranged to have correspondence sent to the address while living there choosing instead to have it forwarded to his new partner’s home.

His latest relationship was the...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon