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P Munford (TC5585)
Only or main residence relief claim and the burden of proof
On 25 June 2004 the taxpayer and his wife bought a property in London NW11. On the same day they bought in his name only a house in SW3. The latter required full renovation which began in December 2004.
In March 2006 the couple sold the SW3 house and made a retrospective election under TCGA 1992 s 222(5) to treat the NW11 property as their only or main residence with effect from June 2004. Seven days later the taxpayer and his wife elected that the SW3 house should be their main residence from 19 December 2005. A further seven days later they made an only or main residence election for the NW11 property with effect from 26 December 2005.
The taxpayer’s 2005-06 self-assessment return did not show details of the sale...
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