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Legislation
Taxation of Chargeable Gains Act 1992

Crossheading Private residences

  • Section 222 Relief on disposal of private residence.
  • Section 222A Determination of main residence: non-resident CGT disposals
  • Section 222B Non-qualifying tax years
  • Section 222C Day count test
  • Section 223 Amount of relief.
  • Section 223ZA Amount of relief: individual’s residency delayed by certain events
  • Section 223A Amount of relief: non-resident CGT disposals
  • Section 223B Additional relief: part of private residence let out
  • Section 224 Relief under sections 223 and 223B: further provisions.
  • Section 225 Private residence occupied under terms of settlement.
  • Section 225A Private residence held by personal representatives
  • Section 225B Disposals in connection with divorce, etc
  • Section 225BA Deferred payments on disposals in connection with divorce etc
  • Section 225C Sale of private residence under certain agreements with employer, etc
  • Section 225D Private residence of adult placement carer
  • Section 225E Disposals by disabled persons or persons in care homes etc
  • Section 226 Private residence occupied by dependent relative before 6th April 1988.
  • Section 226A Private residence relief: cases where relief obtained under section 260
  • Section 226B Exception to section 226A
  1. Private residences
  2. Non-qualifying tax years

Section 222B | Non-qualifying tax years F1

From legislation.gov.uk

(1)For the purposes of sections 222 to 226 the dwelling-house or part of a dwelling-house mentioned in section 222(1) is treated as not being occupied as a residence by the individual so mentioned (“P”) at any time in P's period of ownership which falls within—F1

(a)a non-qualifying tax year, orF1

(b)a non-qualifying partial tax year.F1

In the remainder of this section the dwelling-house or part of a dwelling-house is referred to as “the dwelling-house”.

(2)Except where the disposal mentioned in section 222(1) is a disposal falling within section 222A(1)(b) (non-resident disposals), subsection (1) does not have effect in respect of any tax year or partial tax year before the tax year 2015-16.F1F2

(3)A tax year the whole of which falls within P's period of ownership is “a non-qualifying tax year” in relation to the dwelling-house if—F1

(a)neither P nor P's spouse or civil partner was resident for that tax year in the territory in which the dwelling-house is situated, andF1

(b)the day count test was not met by P with respect to the dwelling-house for that tax year (see section 222C).F1

(4)A partial tax year is “a non-qualifying partial tax year” in relation to the dwelling-house if—F1

(a)neither P nor P's spouse or civil partner was resident for the tax year in question in the territory in which the dwelling-house is situated, andF1

(b)the day count test was not met by P with respect to the dwelling-house for that partial tax year.F1

(5)Where part only of a tax year falls within P's period of ownership, that part is a “partial tax year” for the purposes of this section.F1

(6)For the purposes of this section an individual is resident in a territory outside the United Kingdom (“the overseas territory”) for a tax year (“year X”) in relation to which condition A or B is met.F1

(7)Condition A is that the individual is, in respect of a period or periods making up more than half of year X, liable to tax in the overseas territory under the law of that territory by reason of the individual's domicile or residence.F1

(8)Condition B is that the individual would be resident in the overseas territory for year X in accordance with the statutory residence test in Part 1 of Schedule 45 to the Finance Act 2013, if in Parts 1 and 2 of that Schedule—F1

(a)any reference to the United Kingdom (however expressed) were read as a reference to the overseas territory,F1

(b)“overseas” meant anywhere outside that territory, andF1

(c)in paragraph 26 (meaning of “work”), sub-paragraphs (2) to (4), (6) and (7) were disregarded.F1

(9)In applying the statutory residence test in accordance with subsection (8), any determination of whether—F1

(a)the individual was resident in the overseas territory for a tax year preceding year X, orF1

(b)another individual is resident in the overseas territory for year X,F1

is to be made in accordance with the statutory residence test, as modified by subsection (8).

(10)Section 271ZA(2) (visiting forces etc) is to be disregarded in determining for the purposes of this section whether or not an individual is resident in the United Kingdom.F1F3

(11)Subsection (1) is subject to—F1

(a)section 222(8) (job-related accommodation), andF1

(b)section 223(3) (absence reliefs).F1

Notes

  1. F1

    Ss. 222A-222C inserted (with effect in accordance with Sch. 9 para. 10 of the amending Act) by Finance Act 2015 (c. 11), Sch. 9 para. 3

  2. F2

    Words in s. 222B(2) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 73(2)

  3. F3

    Words in s. 222B(10) substituted (with effect in accordance with Sch. 1 paras. 120, 123 of the amending Act) by Finance Act 2019 (c. 1), Sch. 1 para. 73(3)

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