CG64985 | Private residence relief: final period exemption

s223(1),(2),(5)&(6) TCGA92

If a dwelling-house has been used as its owner’s only or main residence at some time in his or her period of ownership, then the following final part of the period of ownership will always qualify for relief.

• For disposals on or after 6 April 2020 the final period of ownership that qualifies for relief is 9 months, unless the disposal is by disabled persons or persons in care homes etc. and s225E TCGA92 applies (see CG64986).

• For disposals on or after 6 April 2014 but before 6 April 2020 the final period of ownership that qualifies for relief is reduced to 18 months, unless the disposal is by disabled persons or persons in care homes etc. and s225E TCGA92 applies (see CG64986).

• For disposals on or after 10 December 2003 but before 6 April 2014, where the acquisition cost of the dwelling-house is unaffected by gift hold-over relief under s260 TCGA92, 36 months.

• For disposals on or after 10 December 2003 but before 6 April 2014, where the acquisition cost of the dwelling-house is reduced by gift hold-over relief under s260 TCGA92, only that part of the final 36 months of ownership falling before 10 December 2003 (see example in CG64935).

The purpose of the final period exemption is to help the owner occupier who puts their house up for sale but cannot find a buyer. The current final period exemption is 9 months. If details of final periods for disposals before 10 December 2003 are required, you should contact the Capital Gains Technical Group.

The exemption applies in any event

Although the final period exemption is intended to apply where there are difficulties finding a buyer, it applies ‘in any event’, s223(2) TCGA92. So exemption will always be available for the final period if the dwelling-house has been its owner’s only or main residence at some point in their period of ownership, regardless of the use of the dwelling-house in that final period.