Right of nomination of main residence

Hello I am about to sell the house I have owned for 21 years, and I have never owned another property. For the majority of the time I have owned my house I have lived away for study or work, always in a rented room in a house. My property was rented out for most of this time. Can I make a late nomination of my property as my main residence, and therefore be entitled to full Private Residence Relief for the entire time I have owned the property? Thank you

Hi
It is too late to make a nomination.
You have up to 2 years to do so.  
After that, HMRC will determine your main residence based on the facts of the case.  
Have a look at the guidance at CG64500 (Private residence relief).
Thankyou.

Hi, is the 2-year limit from when you bought the property or from when you took up residence? The guidance says when you acquired a residence which could mean either case and is ambiguous to my interpretation,

Hi DaveSmith,
It is from when the property is purchased when you arlready have another property. 
Thank you. 
 

Hi Admin 25, Sorry I looked at this further on the HMRC website, it looks to me as if you have 2 years to backdate the nomination to the original purchase date under certain circumstances https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg65000 , but that you actually have 2 years from the day you took up residence(which could be several years after purchase) to make the nomination https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg64495 . Is my understanding correct? My understanding is that in this latter case, you will lose the CGT exemption period between the purchase date and the uptake of residence date but under the former, within 24 months case you will possibly maintain the CGT exemption, is this correct? I understand that the question didn't follow the original thread so may have caused confusion. Thanking you in advance

Hi 
DaveSmith,

S223ZA TCGA1992 provides private residence relief for the period between the date of acquisition of land / a dwelling-house and the beginning of residence in the dwelling house on that site for disposals on or after 6 April 2020 if a number of conditions are met per CG65000.

The period between the acquisition of the dwelling-house to the moving-in time cannot be more than 24 months.
As this legislation deems a property to be a main residence for up to 24 months it is possible that someone may have more than one main residence for some or all of this 24-month period.
However, a main residence election under S222(5) TCGA 1992 is not required per CG65013 as private residence relief will be available for both properties for that period.

If after moving in to a new residence you continue to use the previous property as a residence, so have a combination of residences, you can then make a nomination under S222(5) TCGA 1992 to treat one of the properties as your main residence.
A notice nominating which residence is to be treated as the main residence must be given within two years from the date on which you have a particular combination of residences per CG64495.
Thank you. 
 

How do "HMRC will determine your main residence based on the facts of the case"? My primary residence is the address everything is in including HMRC account, bank accounts, etc. Everything. And its where I've lived mainly since ownership.

Hi,

Where no valid notice is made, declaring the main residence, we will use the following guidance, based on the facts and circumstances of the case, to determine the main residence.

CG64545 - Private residence relief: two or more residences: no valid notice mad

Thank you.