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Posted Fri, 24 May 2024 22:43:23 GMT by Wyn Roberts
I purchased my first house 20 years ago and lived in it for the first 5 years, it was then lett as residential lett to three different tenant's over a period of 12 years. Then 3 years ago I began letting the property as a Furnished Holiday let. The property is available for lett 365 days a year and has been lett for at least 180 days in each of the three years. I am now looking to sell the property and believe I meet the conditions for BADR Do I qualify for Business asset disposal relief on the capital gains I make on the property. Does this apply to all of the period of time it has not been my main residency. Can I claim Primary residence relief for the first 5 years I lived there?
Posted Thu, 30 May 2024 11:44:23 GMT by HMRC Admin 19 Response
Hi,

You can see guidance on Business Asset Disposal Relief here:

CG63975 - Business Asset Disposal Relief: qualifying disposals by individuals

You can see guidance on calculating Private Residence Relief here:

HS283 Private Residence Relief (2024)

Thank you.
Posted Thu, 30 May 2024 14:44:05 GMT by Wyn Roberts
Thank you for your response- I have read (several times) the guidance and have spoken to 3 different accountants. The guidance doesn't cover this and the accountants weren't sure (each gave different answers), hence me asking on here. I know I qualify for PRR and BADR- my query is not about qualifying for or calculating. My query is what to apply to the three stages of my ownership. Is it a) private residence relief and then BADR Or b) Private residence relief & usual capital gains for private rental & BADR Or c) all BADR?
Posted Tue, 04 Jun 2024 11:38:02 GMT by HMRC Admin 10 Response
Hi#If the property was your main residence for a period of time, then private residence relief is available to claim for that period.  If the property was then let under furnished holiday lettting, then business asset disposal relief is also claimable.  If more that one code applies, then you choose 'MUL' in the capital gains section of the tax return.
 

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