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Posted Wed, 04 Dec 2024 15:13:31 GMT by VivianYK Ho
Hi, I would like advice on whether I can claim Private Residence Relief (PRR) for a period of absence from my main residence. Here is my situation: • Purchased: December 2000 • Sold: November 2024 • Lived as my main residence: March 2001 – June 2021 • Period of Absence: • I moved to the UK in June 2021 and rented a property there. • I actively tried to sell the property but was unable to find a buyer due to market conditions until late 2024. • I returned to the property annually and stayed there, apart from 2022, when COVID travel restrictions in my home country prevented travel. • Claiming PRR: • I believe the 3-Year Rule under S223(3)(a) TCGA92 might apply since I actively sought to sell the property and maintained a connection to it during my absence. • The property was not rented out or used for business purposes during this period. • I plan to claim the final 9 months of ownership as exempt. I’d appreciate guidance on whether the period of absence from June 2021 to February 2024 can be treated as a qualifying period for PRR under the 3-Year Rule, considering my efforts to sell and my periodic returns to the property. Thank you for your help!
Posted Mon, 09 Dec 2024 11:50:48 GMT by HMRC Admin 18 Response
Hi,
Please have a look at the guidance at: Capital Gains Manual, regarding the right of nomination of your main residence:
(CG64485 - Private residence relief: only or main residence: two or more residences: right of nomination).  
Private residence relief can be applied against your main residence.  Please have a look at: 
HS283 Private Residence Relief (2024) Updated 6 April 2024 .  
The 3 year rule would not apply, based on the information provided.
Thank you.
Posted Wed, 11 Dec 2024 22:22:58 GMT by VivianYK Ho
Thank you for your responses. Can you clarify how the right of nomination under CG64485 applies in my situation, especially when I had two residences, one of which was my main residence before I moved to the UK in June 2021? I maintained a connection to the original property and actively tried to sell it during my absence. Since I have been living in the UK since June 2021 and maintained my original property as my main residence until then, am I eligible to nominate it as my main residence for PRR purposes, and can I apply this nomination to the period of absence? I understand that there is a final period exemption of 9 months for PRR. Since I maintained a connection with my original property and returned annually, can I still claim this exemption for the final 9 months of ownership despite the period of absence? Given that I actively attempted to sell the property during my absence and did not rent it out or use it for business purposes, would this help qualify for PRR for the period of absence between June 2021 and February 2024?” Finally, if the 3-year rule does not apply, are there any other relief options or exemptions that I might be eligible for based on my efforts to sell and my continued connection to the property during my absence? Thank you for your understanding!
Posted Wed, 18 Dec 2024 14:28:58 GMT by HMRC Admin 10 Response
HI
This forum is for general queries only and is intended to help you self-serve. We are unable to provide specific advice tailored to individual circumstances. if you still need assistance telephone 0300 200 3310

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