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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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