The test of whether land attached to a private dwelling in excess of a half hectare, was required for the reasonable enjoyment of the property was an objective one. The individual circumstances and requirements of the taxpayer should not affect the assessment. In this case, although the residence included stabling, land used for the horses stabled was not to be included. The keeping of horses was not an essential part of the use of the house as a residence.
Citations:
Times 05-Dec-2000, Gazette 18-Jan-2001
Statutes:
Taxation of Chargeable Gains Act 1992 222
Jurisdiction:
England and Wales
Citing:
Appeal from – 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. . .
Cited by:
Appeal from – Longson v HM Inspector of Taxes CA 13-Mar-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Capital Gains Tax
Updated: 29 March 2022; Ref: scu.83186