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Posted Fri, 15 Dec 2023 10:30:27 GMT by
Back in 2007, my sisters and I bought a dwelling between us with the intention of our parents occupying it for the duration of their lives. My late father passed away in 2018 but my mother is still alive and resides at the property. The dwelling was subject to a trust under which we expressly agreed that parents could reside the property for the duration of their lives. We are now looking to sell the house in question so that my mother can downsize to a smaller house nearby. We would continue the terms of the trust in relation to the new property, namely, our mother could continue to live there for the duration of her life. TCGA92, S225 extends private residence relief to gains accruing to trustees on the disposal of settled property. During the period of ownership of the trustees the property must be a dwelling house occupied as the only or main residence of a person entitled to occupy it under the terms of the settlement. Our understanding is therefore that we can use the private residence relief with regards to any capital gain arising on the sale of the current house. Is this correct? Thanks
Posted Fri, 22 Dec 2023 10:02:26 GMT by HMRC Admin 25 Response
Hi Gareth Griffiths,
Please refer to guidance here:
CG65660 - Private residence relief: dependent relative: sole residence
Thank you. 
 

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