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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. Relief under sections 223 and 223B: further provisions.

Section 224 | Relief under sections 223 and 223B: further provisions.

From legislation.gov.uk

(1)If a gain to which section 222 applies accrues on the disposal of a dwelling-house or part of a dwelling-house part of which is used exclusively for the purpose of a trade or business, or of a profession or vocation, the gain shall be apportioned and sections 223 and 223B shall apply in relation to the part of the gain apportioned to the part which is not exclusively used for those purposes.F1F2F3

(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 sections 223 and 223B may be adjusted in a manner which is just and reasonable.F4F5

(3)Sections 223 and 223B 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.F6

(4)This section is subject to section 225D (private residence of adult placement carer).F7

Notes

  1. F1

    Words in s. 224(1) substituted (with effect in accordance with s. 24(11) of the amending Act) by Finance Act 2020 (c. 14), s. 24(6)(b)(i)

  2. F2

    Words in s. 224(1) substituted (with effect in accordance with Sch. 22 para. 7(2) of the amending Act) by Finance Act 2004 (c. 12), Sch. 22 para. 3(2)

  3. F3

    Words in s. 224(1) substituted (with effect in accordance with s. 24(11) of the amending Act) by Finance Act 2020 (c. 14), s. 24(6)(b)(ii)

  4. F4

    Words in s. 224(2) substituted (with effect in accordance with s. 24(11) of the amending Act) by Finance Act 2020 (c. 14), s. 24(6)(c)

  5. F5

    Words in s. 224(2) substituted (with effect in accordance with s. 134(2) of the amending Act) by Finance Act 1996 (c. 8), Sch. 20 para. 60

  6. F6

    Words in s. 224(3) substituted (with effect in accordance with s. 24(11) of the amending Act) by Finance Act 2020 (c. 14), s. 24(6)(d)

  7. F7

    S. 224(4) inserted (with effect in accordance with s. 16(4) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 16(2)

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