SCHEDULE 9 Private Residence Relief
Finance Act 2015 (2015 c 11) | Legislation

SCHEDULE 9 Private Residence Relief

Section 39

1

TCGA 1992 is amended in accordance with this Schedule.

2

In section 222 (relief on disposal of private residence)—

(a)     after subsection (6) insert—

“(6A)     Where an individual has determined, by giving notice under subsection (5)(a), that a residence is the individual's main residence, that determination does not cease to be effective at any time by reason only of the fact that, at that time, another of the individual's residences is treated by section 222B(1) as not being occupied as a residence (or, having been so treated, is no longer so treated).â€;

(b)     in subsection (7), for “223†substitute “222Aâ€.

3

After section 222 insert—

“222A Determination of main residence: non-resident CGT disposals

(1)     This section applies where—

(a)     an individual (“Pâ€) makes a disposal of, or of an interest in—

(i)     a dwelling-house, or part of a dwelling-house, which was at any time in P's period of ownership occupied by P as a residence, or

(ii)     land (as mentioned in section 222(1)(b)) which P had for P's own occupation and enjoyment with that residence as its garden or grounds, and

(b)     the disposal is a non-resident

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