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14 February 2008 / Michael Waterworth
Issue: 7308 / Categories: Features , Public , Tax , Housing
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No place like (a second) home

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
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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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