CAPITAL GAINS TAX – principal private residence relief – whether appellant occupied property for the purposes of section 222 Taxation of Chargeable Gains Act 1992 – appeal dismissed Citations: [2019] UKFTT 704 (TC) Links: Bailii Jurisdiction: England and Wales Capital Gains Tax Updated: 20 November 2022; Ref: scu.646909

CAPITAL GAINS TAX – principal private residence relief – whether appellant’s sequential stay at two properties qualified as residence or only a temporary stay for the purposes of section 222 Taxation of Chargeable Gains Act 1992 – appeal dismissed Citations: [2019] UKFTT 488 (TC) Links: Bailii Jurisdiction: England and Wales Capital Gains Tax Updated: 25 … Continue reading Fitzjohn v Revenue and Customs (Capital Gains Tax/Taxation of Chargeable Gains : Exemptions and Reliefs): FTTTx 27 Jul 2019

CAPITAL GAINS TAX – relief on disposal of private residence – extent of permitted area – whether the permitted area exceeded 0.5 of a hectare – s.222(3) Taxation of Chargeable Gains Act 1992 Citations: [2020] UKFTT 381 (TC) Links: Bailii Statutes: Taxation of Chargeable Gains Act 1992 222(3) Jurisdiction: England and Wales Capital Gains Tax … Continue reading Phillips v Revenue and Customs (Capital Gains Tax – Relief On Disposal of Private Residence): FTTTx 30 Sep 2020

CAPITAL GAINS TAX – disposal of three residential properties in three consecutive tax years – whether the properties had been the appellant’s residences – whether her occupation of the properties had the necessary degree of permanence, continuity or expectation of continuity – held on the evidence that it did not – sections 222 and 223 … Continue reading Hashmi v Revenue and Customs (Capital Gains Tax – Disposal of Three Residential Properties): FTTTx 20 May 2020

Capital Gains Tax – s 222 Taxation of Capital Gains Act 1992 – discovery assessment of capital gains on sale of residential property and fixed penalty for failure to include the gains in a self-assessment return – whether principal private residence exemption applies – no – appeal dismissed [2018] UKFTT 770 (TC) Bailii England and … Continue reading Booth v Revenue and Customs (Capital Gains Tax/Taxation of Chargeable Gains : Disposal): FTTTx 21 Dec 2018

CAPITAL GAINS TAX – section 222 Taxation of Chargeable Gains Act 1992 – principal private residence relief – whether appellant occupied property – whether property main residence of appellant – appeal dismissed . .

FTTTx CAPITAL GAINS TAX – disposal of a residential property after 8 months of occupation – whether the property had been the appellant’s residence – whether his occupation of the property had the necessary degree of permanence, continuity or expectation of continuity – held on the evidence that it did not – sections 222 and … Continue reading Moore v Revenue and Customs: FTTTx 14 Aug 2013

TAX – capital gains tax – apportionment – ‘just and reasonable’ – marriage value – existing use value of constituent parts – formula in VOA manual – alternative marriage value approach – appeal allowed – Section 222, Taxation of Chargeable Gains Act 1992 [2014] UKUT 409 (LC) Bailii Taxation of Chargeable Gains Act 1992 222 … Continue reading Oates v Revenue and Customs: UTLC 16 Sep 2014

FTTTx Capital Gains Tax – Whether property was only or main residence of Appellant – Whether Appellant had separated from his wife – Section 222 Taxation of Chargeable Gains Act 1992 – Appeal dismissed Brooks TJ [2011] UKFTT 457 (TC) Bailii Taxation of Chargeable Gains Act 1992 222 England and Wales Capital Gains Tax Updated: … Continue reading Benford v Revenue and Customs: FTTTx 8 Jul 2011

The occupation of a property as an ‘own or main residence’ is a question of fact and degree and ordinary usage. In this case, five weeks occupation by the taxpayer was insufficient to establish the exemption. Citations: Times 02-Mar-1998, Gazette 25-Mar-1998, [1998] EWCA Civ 271, (1998) 70 TC 478 Statutes: Capital Gains Tax Act 1979 … Continue reading Goodwin v Curtis (HM Inspector of Taxes): CA 18 Feb 1998

The taxpayer disposed of his farmhouse, and sought exemption from Capital Gains Tax under sections 101 and 102 of the 1989 Act. The Revenue said it had not been his only or main residence. Contracts had been exchanged for its purchase in 1983, but the transaction was completed only two years later. In the interim … Continue reading Longson v HM Inspector of Taxes: CA 13 Mar 2001

Capital Gains Tax. Private residence relief. Section 222 Taxation of Chargeable Gains Act 1992. Whether 25 days’ occupation was ‘residence’. Held: no, on the facts. Goodwin v Curtis [1998] BTC 176, CA applied. Citations: [2014] UKFTT 436 (TC) Links: Bailii Jurisdiction: England and Wales Capital Gains Tax Updated: 25 September 2022; Ref: scu.526827

FTTTx CAPITAL GAINS TAX – principal private residence – separation – had appellant ‘resided’ at property – no – appeal dismissed – section 222 Taxation of Chargeable Gains Act 1992 Citations: [2013] UKFTT 131 (TC) Links: Bailii Jurisdiction: England and Wales Capital Gains Tax Updated: 06 February 2022; Ref: scu.472333

CAPITAL GAINS TAX – Private residence relief – meaning of ‘residence’ – Section 222 Taxation of Chargeable Gains Act 1992 – Appeal dismissed [2012] UKFTT 258 (TC) Bailii England and Wales Capital Gains Tax Updated: 18 November 2021; Ref: scu.462680

The House considered the application of the section to ‘flip-flop trusts’. The section allocated liability to charge on gains within a settlement under certain circumstances onto the settlor, and at his rate of tax. Assets were allocated to two trusts, which in alternating years realised gains and allowed a benefit to be taken. Held: The … Continue reading Trennery v West (Inspector of Taxes): HL 27 Jan 2005