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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. Disposals by disabled persons or persons in care homes etc

Section 225E | Disposals by disabled persons or persons in care homes etc F1

From legislation.gov.uk

(1)This section applies where a gain to which section 222 applies accrues to an individual and—F1

(a)the conditions in subsection (2) are met, orF1

(b)the conditions in subsection (3) are met.F1

(2)The conditions mentioned in subsection (1)(a) are that at the time of the disposal—F1

(a)the individual is a disabled person or a long-term resident in a care home, andF1

(b)the individual does not have any other relevant right in relation to a private residence.F1

(3)The conditions mentioned in subsection (1)(b) are that at the time of the disposal—F1

(a)the individual's spouse or civil partner is a disabled person or a long-term resident in a care home, andF1

(b)neither the individual nor the individual's spouse or civil partner has any other relevant right in relation to a private residence.F1

(4)Where this section applies, the references in section 223(1) and (2)(a) to 9 months are treated as references to 36 months.F1F2

(5)An individual is a “long-term resident” in a care home at the time of the disposal if at that time the individual —F1

(a)is resident there, andF1

(b)has been resident there, or can reasonably be expected to be resident there, for at least three months.F1

(6)An individual has “any other relevant right in relation to a private residence” at the time of the disposal if—F1

(a)at that time—F1

(i)the individual owns or holds an interest in a dwelling-house or part of a dwelling-house other than that in relation to which the gain accrued, orF1

(ii)the trustees of a settlement own or hold an interest in a dwelling-house or part of a dwelling-house other than that in relation to which the gain accrued, and the individual is entitled to occupy that dwelling-house or part under the terms of the settlement, andF1

(b)section 222 would have applied to any gain accruing to the individual or trustees on the disposal at that time of, or of that interest in, that dwelling house or part (or would have applied if a notice under subsection (5) of that section or under section 222A had been given).F1F3

(7)In the application of this section in relation to a gain to which section 222 applies by virtue of section 225 (private residence occupied under terms of settlement)—F1

(a)the reference in subsection (1) of this section to an individual is to the trustees of the settlement;F1

(b)the references in subsections (2) to (6) of this section to the individual are to the person entitled under the terms of the settlement, as mentioned in section 225.F1

(8)In this section—F1

“care home” means an establishment that provides accommodation together with nursing or personal care;

“disabled person” has the meaning given by Schedule 1A to FA 2005.

Notes

  1. F1

    S. 225E inserted (with effect in accordance with s. 58(4) of the amending Act) by Finance Act 2014 (c. 26), s. 58(2)(c)

  2. F2

    Words in s. 225E(4) substituted (with effect in accordance with s. 24(11) of the amending Act) by Finance Act 2020 (c. 14), s. 24(7)

  3. F3

    Words in s. 225E(6)(b) inserted (with effect in accordance with Sch. 9 para. 10 of the amending Act) by Finance Act 2015 (c. 11), Sch. 9 para. 9

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