Private Residence Relief (PRR) offers a valuable tax break for homeowners, providing relief from Capital Gains Tax (CGT) on the sale of their main residence.
However, understanding the qualifying conditions and navigating the complexities can be challenging.
This guide breaks down everything you need to know to maximise your PRR benefits, whether you’re selling your primary home, dealing with multiple properties, or developing your garden.
(Read Time: Approx. 4 minutes)
Topics Discussed:
- Overview of Private Residence Relief and its qualifying conditions.
- Restrictions and special circumstances affecting the application of PRR.
What is Private Residence Relief?
Private Residence Relief (PRR) is a tax relief that exempts individuals from paying Capital Gains Tax (CGT) when they sell a property that has been their only or main residence.
This relief is crucial for homeowners looking to avoid substantial tax liabilities upon the sale of their homes.
PRR is not limited to the main building itself but also extends to any associated gardens or grounds, including outbuildings, as long as they do not exceed a ‘permitted area’ of 0.5 hectares (1.25 acres). In some instances, a larger area may still qualify.
Conditions for Claiming PRR
To qualify for PRR, the property must have been occupied as the individual’s main residence.
It’s important to note that this doesn’t mean the property has to be occupied throughout the entire ownership period.
Specific absences, such as periods when the homeowner lived elsewhere due to work commitments, may still be counted as periods of residence, thereby qualifying for PRR.
In cases where an individual owns multiple properties and uses more than one as a residence, they have a two-year window to nominate one property as their main residence for PRR purposes.
Failing to make this election means HMRC will determine the main residence based on the facts.
For married couples and civil partners, only one main residence can be claimed between them at any given time.
Special Situations and Restrictions
Certain circumstances can affect the application of PRR. If part of the property is let out, Lettings Relief might be available, provided that another part of the property is used as the main residence.
However, relief is restricted if a part of the house is used exclusively for business purposes, with an apportionment required for the business area.
For non-UK residents, PRR is only applicable if they spend at least 90 days in the UK property during the tax year.
Similarly, UK residents claiming PRR on an overseas property must meet the same residency requirement.
Changes introduced by the Finance (No. 2) Act 2023 relaxed PRR rules in divorce or separation cases.
Now, individuals who have moved out of the family home but maintain an interest in it can claim PRR upon its sale to a third party under certain conditions.
Additionally, those who transfer their interest to an ex-spouse and are entitled to a share of the sale proceeds can apply PRR proportionately to their share.
Summary
Private Residence Relief can be complex, with specific rules and conditions affecting eligibility and the extent of the relief.
Whether you’re dealing with multiple properties, letting part of your home, or facing a change in personal circumstances like divorce, understanding how PRR works can significantly impact your tax liabilities.
For expert advice and guidance on maximising your tax benefits under PRR, contact Tax Expert today.
Our team can help you make informed decisions that protect your financial interests.
Fill out our form here for any questions, give us a call at 01772 788200, or message us on our WhatsApp for out of office hours.
Kind regards,
Ilyas Patel