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Official guidance
Capital Gains Manual

CG64800P · Reliefs: private residence relief: the permitted area of garden or grounds

  • CG64800 · Private residence relief: permitted area: introduction
  • CG64803 · Private residence relief: permitted area: procedures
  • CG64807 · Private residence relief: permitted area: identifying risks
  • CG64815 · Private residence relief: permitted area: area automatically relieved
  • CG64818 · Private residence relief: permitted area: larger area of garden and grounds
  • CG64819 · Private residence relief: permitted area: case law
  • CG64821 · Private residence relief: permitted area: preliminary decisions
  • CG64827 · Private residence relief: permitted area: location of the permitted area
  • CG64829 · Private residence relief: permitted area: more than one disposal
  • CG64832 · Private residence relief: permitted area: land not required for the reasonable enjoyment of the dwelling-house as a residence
  • CG64850 · Private residence relief: permitted area: contemplative religious communities
  • CG64860 · Private residence relief: permitted area: Valuation Office (VO)
  • CG64865 · Private residence relief: permitted area: action taken by the Valuation Office (VO)
  • CG64868 · Private residence relief: permitted area: Report from Valuation Office (VO)
  • CG64875 · Private residence relief: permitted area: no agreement
  • CG64878 · Private residence relief: permitted area: no agreement: report to Capital Gains Technical Group
  • CG64882 · Private residence relief: permitted area: no agreement: Tribunal hearing
  • CG64895 · Private residence relief: permitted area: jurisdiction for valuations
  • CG64899 · Private residence relief: permitted area: jurisdiction for apportionments
  1. Reliefs: private residence relief: the permitted area of garden or grounds: contents
  2. Private residence relief: permitted area: procedures

CG64803 | Private residence relief: permitted area: procedures

From HM Revenue & Customs · Capital Gains Manual

The extent of the permitted area is a common area of disagreement between HMRC and taxpayers. However, it is the responsibility of the Valuation Office to decide the extent and location of the permitted area. Consequently the procedures described at CG64860+ should be followed in every case where the extent and location of the permitted area is at issue.

Although the guidance at CG64800+ explains the statutory and case law background and the factors that the District Valuer will take into account in determining the permitted area, you should not enter into correspondence or otherwise attempt to determine the extent and location of the permitted area without advice from the District Valuer.

Before the District Valuer is able to make a determination on the extent and location of the permitted area, certain preliminary decisions must be made. These are set out at CG64821.

If the District Valuer is unable to reach agreement with the taxpayer, you will be assisted by Capital Gains Technical Group and by the Valuation Office in progressing your case to any contentious hearing that is needed. In these circumstances you must follow the guidance at CG64878+.

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