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Part-time occupation

20 January 2015 / Kevin Read
Issue: 4485 / Categories: Comment & Analysis , Capital Gains , Only or main residence
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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 only...

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