CH22 Private Residence Relief (PRR) Flashcards
CGT SM Chapter 22 Examples 1 & 2.
If a taxpayer sells their only or main residence ?
PRR may exempt all or part of the gain arising.
Definition
Define the term ‘private residence’.
The term private residence means a dwelling house and includes any relevant buildings within the curtilage of the main house.
The relief also covers gardens of up to half a hectare (including the site of the house), or larger if required for reasonable enjoyment of the property.
Relief
The amount of relief available is: ?
Gain x Period of occupation of property/Period of ownership
Deemed Occupation
Occupation includes both: ?
Actual and deemed occupation.
Deemed Occupation
What always counts as deemed occupation?
The last nine months of ownership always count as deemed occupation *
* as long as the house was occupied at some point by the taxpayer.
Deemed Occupation
Three further types of absence will count as deemed occupation, these absences are: ?
Provided the taxpayer lived in the house at some point before and at some point after the absence.
- any period when employed abroad;
- up to four years when working away from home (this includes self-employment);
- up to three years for any reason.
Unable to Reoccupy
If a taxpayer is prevented from reoccupying their home as a result of the terms of their employment, ?
then the requirement to reoccupy the residence in order to ensure the absence qualifies as deemed occupation is ignored.
Delayed Occupation
If a taxpayer acquires a house as their main residence but is unable to occupy it immediately, ?
in order to carry out construction/renovation/alteration/redecoration, or to dispose of their existing residence, this ‘period of absence’ is treated as occupation.
Provided it does not exceed 24 months.