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 from – Goodwin 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:
Cited – Longson 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