CG64388 - Private residence relief: garden and grounds: ownership
S222(1)(b) TCGA92 requires that in order to qualify for relief land must be held with the residence. This will usually, but doesn바카라 사이트™t always mean, that the land is in the same ownership as the dwelling-house. However, as explained at CG64470, a dwelling-house can be a person바카라 사이트™s residence without them owning it. This means that if a person lives in a dwelling-house which they do not own, but they own land which is the garden and grounds of that dwelling-house, relief will be available on a disposal of that land provided the other conditions for relief are fulfilled. Land can still be part of the garden and grounds of a person바카라 사이트™s residence even if that person does not own the dwelling-house.
It may be rare for a person to own the land but not the dwelling-house, but the following examples may occur:
- Dwelling-house owned by the trustees, and residence of a beneficiary, land owned by beneficiary.
- Dwelling-house owned by company, and residence of director, land owned by director.
- Dwelling-house owned by one spouse or civil partner, and the land owned by the other spouse or civil partner.
In each of these cases relief may be due on a disposal of the land if the other conditions for relief are fulfilled.