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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. Private residence occupied by dependent relative before 6th April 1988.

Section 226 | Private residence occupied by dependent relative before 6th April 1988.

From legislation.gov.uk

(1)Subject to subsection (3) below, this section applies to a gain accruing to an individual so far as attributable to the disposal of, or of an interest in, a dwelling-house or part of a dwelling-house which, on 5th April 1988 or at any earlier time in his period of ownership, was the sole residence of a dependent relative of the individual, provided rent-free and without any other consideration.

(2)If the individual so claims, such relief shall be given in respect of it and its garden or grounds as would be given under sections 222 to 224 if the dwelling-house (or part of the dwelling-house) had been the individual’s only or main residence in the period of residence by the dependent relative, and shall be so given in addition to any relief available under those sections apart from this section.

(3)If in a case within subsection (1) above the dwelling-house or part ceases, whether before 6th April 1988 or later, to be the sole residence (provided as mentioned above) of the dependent relative, any subsequent period of residence beginning on or after that date by that or any other dependent relative shall be disregarded for the purposes of subsection (2) above.

(4)Not more than one dwelling-house (or part of a dwelling-house) may qualify for relief as being the residence of a dependent relative of the claimant at any one time nor, in the case of an individual and his spouse or civil partner living with him, as being the residence of a dependent relative of the claimant or of the claimant’s spouse or civil partner at any one time.F1F2

(5)RepealedF3

(6)In this section “dependent relative” means, in relation to an individual—

(a)any relative of his or of his wife who is incapacitated by old age or infirmity from maintaining himself, or

(b)his or his wife’s mother who, whether or not incapacitated, is either widowed, or living apart from her husband, or a single woman in consequence of dissolution or annulment of marriage.

(7)If the individual mentioned in subsection (6) above is a woman the references in that subsection to the individual’s wife shall be construed as references to the individual’s husband.

Notes

  1. F1

    Words in s. 226(4) substituted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 118(a)

  2. F2

    Words in s. 226(4) substituted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 118(b)

  3. F3

    S. 226(5) repealed (with effect in accordance with s. 134(2) of the amending Act) by Finance Act 1996 (c. 8), Sch. 20 para. 61, Sch. 41 Pt. V(10)

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