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Posted Tue, 25 Jun 2024 10:50:27 GMT by Roxburgh
We married a year ago and need to make the "main residence" declaration soon. The HMRC website says both owners must make the declaration, but as we are making my property the main residence, even though we maintain separate homes and spend the majority of our time in our own homes, that means only I make the declaration. So how does my wife make the declaration that for CGT purposes only her house is NOT her main residence?
Posted Fri, 28 Jun 2024 10:12:38 GMT by HMRC Admin 21
Hi Roxburgh,
Your wife is free to choose which ever property she wishes to have treated as her main residence, provided the declaration is made in writing within two years.  This does not need to be the same residence as you declare as your main residence.
CG64545 advises that "Where a notice is not made, or an invalid notice is made, the residence which attracts relief is the dwelling-house which is the main residence as a matter of fact".
(CG64545 - Private residence relief: two or more residences: no valid notice made).
Thank you.

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