Lettings Relief


Postby cta on Mon Nov 12, 2007 3:18 pm

Would you deduce from:-

"CG64712 - Private residence relief: letting: residential accommodation


The meaning of `let as residential accommodation' was considered by the Court of Appeal in Owen v Elliott (63TC319). From the decision it is clear that it is not necessary for the occupiers to make the accommodation their home. Residential accommodation may include rooms in a hotel or guest-house, let as part of a trade, where the owner lives on the premises. It is not necessary for the occupier to have a lease for accommodation to be let. The temporary licence granted by a hotel or guest-house proprietor is sufficient."

and

"CG64713 - Private residence relief: letting: residential accommodation

Relief is due under TCGA92/S223 (4) where a gain to which TCGA92/S222 applies accrues to an individual and part or all of the dwelling house has at some time in the owners period of ownership been let as residential accommodation and a chargeable gain arises by reason of the letting."

that it is not necessary for residential letting to be on commercial terms for the residential letting relief to be available ?

For example, do you consider the relief due where a property has been let rent free to parents ?

Thank you
cta
 
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