CG64609 - Private residence relief: gains which do not attract relief
Below is a list of common disposals which may give rise to a gain. Although each of the assets disposed of has some connection with a residence, none of them are disposals of an interest in a residence.
- »Ê¹ÚÌåÓýapp disposal of a right to unascertainable future consideration received in consideration for a disposal of all or part of a residence, (a Marren v Ingles right), see CG14850+, and see CG64611 where the right derives from employee relocation arrangements.
- »Ê¹ÚÌåÓýapp disposal of shares in a company which owns a person’s residence.
- »Ê¹ÚÌåÓýapp receipt of a forfeited deposit.
- »Ê¹ÚÌåÓýapp disposal of shares in a company set up by a residentsâ€� association.
For example, a common arrangement is for a company which owns the freehold of a block of flats to be controlled by its residents. Each resident has the lease of a flat and a share in the company. If a resident assigns the lease, they are obliged to sell the share to the assignee, however the share is not a disposal of an interest in the residence so will not attract relief. »Ê¹ÚÌåÓýapp share may only be of nominal value, therefore enquiries may not be worthwhile unless you have reason to believe that a substantial gain has arisen on the sale of such a share.