Main Residence Relief 4th Edition

This detailed, clearly written guide to the familiar CGT relief offers fresh commentary on a topic that is familiar to many tax advisers but that contains numerous pitfalls for the unwary.

With full reference to appropriate legislation (including recent changes) and relevant case law, the principles are illustrated with real-life scenarios and planning points.

The complexities of the relief are examined in depth, including the meaning of residence, the concept of the dwelling-house, the question of gardens and grounds, lettings relief, elections between different residences, restrictions, marital breakdown, trusts and personal representatives, etc.

New for this edition:

• The FTT decision in Core and Core where the tribunal found that a short period of occupation is sufficient to show residence in the right context
• The UT decision in The How Development 1 on the meaning of curtilage
• FTT comment in Crippin on differences re Scottish property law
• The FTT decision in Whyte with reference to HMRC’s published guidance on the definitions of “garden” and “grounds”
• FTT, UT and Court of Appeal decisions in Hyman and Hyman re the meaning of “garden or grounds”
• HMRC interpretation re permitted area called into question by FTT in Phillips and Phillips
• Discussion on how the safety of the decision of the Special Commissioners in Henke and Henke was put into question by the FTT and UT
• The UT decision in Campbell on the distinct tests to be applied in cases of job-related accommodation for employees
• The UT decision in Lee and Lee on the meaning of “period of ownership” when a piece of land has been owned prior to constructing a dwelling-house
• New statutory rules applying on divorce and dissolution of civil partnerships