This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Property sold to co-habitant was part of a dwelling house that was an only or main residence

By Mark McLaughlin, December 2021

A property in Scotland with the legal title in the taxpayer’s sole name, which was sold to a co-habitant, was part of a dwelling house that was the only or main residence of the taxpayer, and the co-habitant did not hold a beneficial interest in the property.

On 24 January 2013, the appellant sold a property, the legal title of which was in his sole name, to his partner (RM) for £200,000. As he considered the property (Benko) to be an ancillary part of his only or main residence, the appellant did not disclose the sale in his self-assessment return for the tax year 2012/13. Following an enquiry into the return, HM Revenue and Customs (HMRC)

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Period of ownership commenced when a new dwelling was built
By Mark McLaughlin, August 2022
No Relief On Property Disposal As It Was Not The Taxpayer’s Residence
By Mark McLaughlin, January 2019
Property Was A ‘Residence’ Despite Short Period Of Occupation
By Mark McLaughlin, December 2017
Property Did Not Become The Taxpayer’s Residence
By Mark McLaughlin, March 2017
Private Residence Relief And Lettings Relief Available On Disposal Of Individual’s Residence Of 52 Days
By Mark McLaughlin, January 2016