header-logo header-logo

20 February 2020 / Shofiq Miah
Issue: 7875 / Categories: Features , Tax , Property
printer mail-detail

Going off plan: a welcome relief?

16315
Relief from capital gains tax: at what point do you own your home, asks Shofiq Miah
  • The recent Court of Appeal decision in Higgins v Commissioners for HMRC brings a welcome correction to what looked like a wrong turning taken by the Upper Tribunal.

The case of Higgins v Commissioners for HMRC [2019] EWCA Civ 1860, [2019] All ER (D) 25 (Nov) concerned what is often called ‘principal private residence relief’ in ss 222-223 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992). The relief is targeted at relieving a capital gains tax (CGT) charge when an individual sells his main or only residence at a gain.

Technical conditions have to be satisfied in order for the relief to apply but for present purposes the focus is that the relief applies in full if the taxpayer has occupied the property as his main or only residence for the whole of his period of ownership. If, by contrast, the property is occupied

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll