CG64204 - Private residence relief: availability of relief

The relief is only available on disposals made by

  • individuals, s222(1) TCGA92;
  • trustees of settled property, s225 TCGA92, (see CG65400+); and
  • personal representatives, s225A TCGA92, (see CG65460).

  • Under s226 TCGA92, relief may also be available on the disposal of a residence which has been provided by an individual to their dependent relative. The residence must be provided rent-free and without any other consideration and must have been occupied by that dependent relative before 6 April 1988. For detailed guidance see CG65550+.

Relief is not available

  • on a disposal by a company; or
  • on a disposal on or after 10 December 2003 if the Capital Gains Tax acquisition cost of the property is reduced by gift hold-over relief under s260 TCGA92 (see CG67030+) in relation to an earlier disposal which took place on or after 10 December 2003 (see CG64933 (individuals) and CG65440 (trustees)).