Principal private residence relief 2 / 2

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Question 4b

Demeter is seeking advice on the relief(s) available to reduce the chargeable gain on the sale of his house.

Demeter:
– Is UK resident and domiciled.

– Will be a higher rate taxpayer in all relevant future tax years.

– Has relocated to London, from Manchester, a city more than 150 miles north of London, to take up this employment.

House in Manchester:
– Demeter purchased the house on 1 May 2005 and lived in it as his main residence.

– Demeter let the top floor of the house (comprising 30% of the total house) to tenants from 1 May 2007 to 31 October 2018. The tenants did not share Demeter’s living accommodation or take meals with him.

– Demeter continued to occupy the remainder of the house as his main residence until 31 October 2018, when the entire house was sold.

– The sale gave rise to a gain, before any reliefs, of £94,000.

– Demeter did not own any other house throughout the period from 1 May 2005 to 31 October 2018.

Required:
(b) Identify, and calculate, with brief explanations, the relief(s) available to Demeter to reduce the chargeable gain of £94,000 on the sale of his house in Manchester on 31 October 2018. (6 marks)

Sample
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Question 3bii

Your client, Dan, requires advice on the potential chargeable gain arising on his proposed disposal of his UK house.

Dan:
– Is domiciled in the country of Skarta.
– Is unmarried, and has no children.
– First became resident in the UK on 1 July 2012.
– Left the UK on 1 January 2016 to go travelling.
– Returned to the UK for the first time on 15 May 2017, when his father was taken ill.
– Intends to work part time in the UK throughout the month of July 2017 only.
– Will remain in the UK until 5 August 2017, when he intends to move permanently to Skarta.

Dan – disposal of his UK house:
– Dan purchased a house in the UK on 1 October 2012 for £286,000, where he lived until 1 January 2016.
– He has not lived in the house since this date.
– He allowed his father, Noah, to live in the house, rent-free, until his father’s death.
– He has agreed to sell the UK house on 1 August 2017 for £318,000.
– The house was valued at £297,000 on 5 April 2015.

Required:
(b) (ii) Calculate the chargeable gain arising on the disposal of Dan’s UK house on 1 August 2017 under the residential property rules applicable to non-UK residents. Dan will not elect to be taxed on the whole of the gain but will elect for the gain to be time-apportioned if it is beneficial to do so. (6 marks)

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Question 4b

Kesme and Soba, a married couple, require advice on the capital gain on a future sale of the family home

Rental income in respect of furnished rooms in the family home:
– Kesme and Soba purchased the family home on 1 July 1990 and have lived there since that date.
– Three furnished rooms have been rented out to an individual tenant since 6 April 2013.
– The tenant does not share Kesme and Soba’s living accommodation or take meals with them.
– The three rooms represent 30% of the property.
– The annual rent is £14,400 and there are allowable expenses of £1,600 per year.

Required:
(b) Explain the effect of renting out the furnished rooms on the amount of the taxable capital gain on a future sale of the family home. (6 marks)

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