Summary
The appellant’s period of ownership of an apartment for private residence relief purposes (under TCGA 1992, ss 222, 223) began when he owned the legal and equitable interest in the lease of the apartment and the legal right to occupy it, being the date of legal completion of the purchase of the lease. His period of ownership ended when the contract for its sale was completed.
Background
On 2 October 2006, the appellant entered into a contract to lease the apartment. The apartment did not exist in 2006; the area which was to become the apartment was a space in a tower.
The work on the area that became the apartment began in November 2009. The apartment was substantially physically completed in December 2009, when the appellant was informed that legal completion was scheduled to occur on 5 January 2010. The appellant had no right to occupy the
