Skip to content
Solved
SearchBrowse
Sign in

Contents

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. Additional relief: part of private residence let out

Section 223B | Additional relief: part of private residence let out F1

From legislation.gov.uk

(1)Where—F1

(a)a gain to which section 222 applies accrues to an individual on the disposal of, or of an interest in, a dwelling-house or part of a dwelling-house, andF1

(b)at any time in the individual’s period of ownership the condition in subsection (2) is met in respect of the dwelling-house,F1

the part of the gain that is within subsection (3) is a chargeable gain only to the extent, if any, to which it exceeds the amount in subsection (4).

(2)The condition is that—F1

(a)part of the dwelling-house is the individual’s only or main residence, andF1

(b)another part of the dwelling-house is being let out by the individual as residential accommodation.F1

(3)The part of the gain that is within this subsection is the part that (but for subsection (1)) would be a chargeable gain by reason of the fact that, at the times in the individual’s period of ownership when the condition in subsection (2) is met, the individual’s only or main residence does not include the part of the dwelling-house that is being let out as residential accommodation.F1

(4)The amount is whichever is the lesser of—F1

(a)the amount of the gain that is not a chargeable gain by virtue of section 223, andF1

(b)£40,000.F1

(5)Where by reason of section 222(7)(a) the individual’s period of ownership mentioned in subsection (1) begins with the beginning of the period of ownership of another person, any question whether the condition in subsection (2) is met at a time that is within both those periods of ownership is to be determined as if the references in subsection (2) to the individual were to that other person.F1

Notes

  1. F1

    S. 223B inserted (with effect in accordance with s. 24(11) of the amending Act) by Finance Act 2020 (c. 14), s. 24(5)

PreviousNext
PrivacyTerms