.png)
.png)
10 June 2019
Only or main residence relief with interrupted occupancy.
A client lived in a house as their main residence for two years before deciding to demolish it and build a new property on the same land. This took just under a year to complete and the client has now lived in the new house for a further two years. Can he claim only or main residence relief for only the past two years or for the whole five years? I am aware of the following references but would like assistance from readers on their application and interaction to my client’s situation:
- HMRC’s Capital Gains Manual at CG64388 and CG64390 regarding land being a separate entity.
- CG64377 and CG64381 on Varty v Lynes [1976] STC 508 and date of disposal.
- CG65003 regarding ESC D49.
- Desmond Higgins (TC05724).
- CG64760 regarding ‘just and reasonable’.
- CG64920 and CG64930 regarding the ownership period.
I look forward to hearing from Taxation readers.
Query 19 374 – Home...
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.
