Goodwin v Curtis (HM Inspector of Taxes): CA 18 Feb 1998

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 101 102

Jurisdiction:

England and Wales

Citing:

Appeal fromGoodwin v Curtis (Inspector of Taxes) ChD 14-Aug-1996
Capital Gains Tax relief for a private residence was lost where no permanent occupation was established. . .

Cited by:

CitedLongson v Baker (Inspector of Taxes) SCIT 8-May-2000
SCIT CAPITAL GAINS TAX – Private residence exemption – Whether gain on sale of house exempt – Extent of ‘the permitted area’ – Section 222 Taxation of Chargeable Gains Act 1992. . .
Lists of cited by and citing cases may be incomplete.

Capital Gains Tax

Updated: 14 November 2022; Ref: scu.80921