CG65126 - Private residence relief: example: disposal partly within permitted area: separate asset

H acquired a house with two hectares of garden in June 2010 for £150,000. It was used as her residence throughout her period of ownership and was her main residence from June 2010 to January 2017. In May 2020 she sold a piece of land of one hectare for £100,000 and submitted a computation of the gain on the separate asset basis.

»Ê¹ÚÌåÓýapp Valuation Office Agency agreed that 0.2 hectares of the land sold is within the permitted area.

»Ê¹ÚÌåÓýapp apportionments should be:

Description 2010 (£) 2020 (£)
0.2 hectares within permitted area 4,000 20,000
remainder 16,000 80,000
- 20,000 100,000

»Ê¹ÚÌåÓýapp gain is computed as follows:

Minus Description 0.2 hectares (£) Remainder (£)
- Disposal proceeds 20,000 80,000
Less Cost 4,000 16,000
- Gain 16,000 64,000

»Ê¹ÚÌåÓýapp gain arising on the 0.8 hectares outside the permitted area is wholly chargeable, but some relief is due on the 0.2 hectares within the permitted area.

Private Residence Relief

  • Period of ownership is June 2010 to May 2020 = 120 months
  • Period of only or main residence is June 2010 - January 2017 = 80 months
  • Final period allowed by s223(2) TCGA92 = 9 months

»Ê¹ÚÌåÓýapp relief is 80 + 9 / 120 x £16,000 = £11,867

»Ê¹ÚÌåÓýapp chargeable gain will be £4,133 + £64,000 = £68,133 before the annual exempt amount.

If the dwelling-house had always been her only or main residence the gain on the 0.2 hectares of land within the permitted area would have been wholly relieved and a computation in respect of that land would only have been needed to establish how much of the cost of the property should be apportioned to this disposal.