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Posted Wed, 22 Jun 2022 07:48:45 GMT by Gwong
Hello! My wife and I jointly owned a property in Hong Kong and lived in it since purchase. I arrived in the UK alone on 11 Jan 2021 via BN(O) visa and my wife still lived in the property till 5 Mar 2022. Then the property was sold and the exchange of contract was done on 15 Mar 2022. My wife arrived in the UK joining me on 29 Mar 2022. To my understanding, I could claim the Private residence relief for my share of the gain together with the final 9-month exemption. Since the exchange of contract was done on 15 Mar 2022, the final 9-month would be the period 16 Jul 2021 to 15 Mar 2022. But I did not live in it since 11 Jan 2021. So, should I need to pay the CGT on my share of gain for my non-occupying period 11 Jan 2021 to 15 Jul 2021? As my wife still lived in it during my non-occupying period, could such the time be deemed as my occupation so that my occupation is counted from the first day of my living with my wife to the last day of my wife’s own living(ps: we are not separated or divorced)? Thanks a lot.
Posted Wed, 22 Jun 2022 13:09:17 GMT by HMRC Admin 26

Please refer to guidance at -

HS283 Private Residence Relief (2022)

Thank you.

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