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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...

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