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20 February 2020 / Shofiq Miah
Issue: 7875 / Categories: Features , Tax , Property
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Going off plan: a welcome relief?

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Relief from capital gains tax: at what point do you own your home, asks Shofiq Miah
  • The recent Court of Appeal decision in Higgins v Commissioners for HMRC brings a welcome correction to what looked like a wrong turning taken by the Upper Tribunal.

The case of Higgins v Commissioners for HMRC [2019] EWCA Civ 1860, [2019] All ER (D) 25 (Nov) concerned what is often called ‘principal private residence relief’ in ss 222-223 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992). The relief is targeted at relieving a capital gains tax (CGT) charge when an individual sells his main or only residence at a gain.

Technical conditions have to be satisfied in order for the relief to apply but for present purposes the focus is that the relief applies in full if the taxpayer has occupied the property as his main or only residence for the whole of his period of ownership. If, by contrast, the property is occupied as the main or only residence for only part of his period

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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