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Legislation
Capital Gains Tax Act 1979 (repealed 6.3.1992)

Crossheading Private residences

  • Section 101 Relief on disposal of private residence.
  • Section 102 Amount of relief.
  • Section 103 Amount of relief: further provisions.
  • Section 104 Private residence occupied under terms of settlement.
  • Section 105 Private residence occupied by dependent relative.
  1. Private residences
  2. Amount of relief: further provisions.

Section 103 | Amount of relief: further provisions.

From legislation.gov.uk

(1)If the gain accrues from the disposal of a dwelling-house or part of a dwelling-house part of which is used exclusively for the purposes of a trade or business, or of a profession or vocation, the gain shall be apportioned and section 102 above shall apply in relation to the part of the gain apportioned to the part which is not exclusively used for those purposes.

(2)If at any time in the period of ownership there is a change in what is occupied as the individual’s residence, whether on account of a reconstruction or conversion of a building or for any other reason, or there have been changes as regards the use of part of the dwelling-house for the purpose of a trade or business, or of a profession or vocation, or for any other purpose, the relief given by section 102 above may be adjusted in such manner as the Commissioners concerned may consider to be just and reasonable.

(3)Section 102 above shall not apply in relation to a gain if the acquisition of, or of the interest in, the dwelling-house or the part of a dwelling-house was made wholly or partly for the purpose of realising a gain from the disposal of it, and shall not apply in relation to a gain so far as attributable to any expenditure which was incurred after the beginning of the period of ownership and was incurred wholly or partly for the purpose of realising a gain from the disposal.

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