header-logo header-logo

No place like (a second) home

14 February 2008 / Michael Waterworth
Issue: 7308 / Categories: Features , Public , Tax , Housing
printer mail-detail

Second home owners are not well served by capital gains tax legislation, says Michael Waterworth

For capital gains tax (CGT) purposes houses are just like any other asset with one important exemption—that the gain on disposal of a person’s principal private residence is not subject to CGT. This exemption applies to a dwelling-house— which might comprise more than one building— and a garden or grounds of up to half a hectare which is about one-and-a-quarter acres. Where the size and character of the house justify it, gardens or grounds in excess of that area may be exempted.

To attract the principal CGT exemption the property must have been the taxpayer’s main residence and that connotes a “degree of permanence, continuity and the expectation of continuity” (see Goodwin v Curtis [1998] STC 475). A short stay will suffice to establish that a property is a main residence if a more permanent occupation was intended but prevented by changed circumstances, but even occupation of reasonable duration will not do if the occupation
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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll