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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: no agreement

CG64875 | Private residence relief: permitted area: no agreement

From HM Revenue & Customs · Capital Gains Manual

If the Valuation Office (VO) is unable to reach agreement with the taxpayer through negotiation you will be provided an ‘unagreed’ report which will include,

  • The VO’s opinion on the extent of the permitted area

  • A map showing the location of the permitted area.

The VO may also report valuations and apportionments which are unagreed. However, if the permitted area is not agreed you should always follow the guidance at CG64860+ irrespective of whether there are also unagreed valuations and apportionments; you should not follow the unagreed valuation procedures at CG74500+ at this stage. This is because if a taxpayer considers that the whole of any land disposed of was within the permitted area, so that any gains which arise would be fully covered by private residence relief, they may not be prepared to enter into negotiations on valuations or apportionments.

If the permitted area is agreed but the necessary valuations and/or apportionments are not agreed, you should follow the unagreed valuation procedure explained at CG74500+.

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