PPR Election Mechanics — The 2-Year Window and Qualifying Residences
Under TCGA 1992 s.222(5), where a person has more than one dwelling house used as a residence, they may elect which is treated as their main residence for PRR by written notice to HMRC. The election must be made within 2 years of first having two qualifying residences — from the date both properties are actually used as residences by the owner. A permanently let BTL property is not a 'residence' for election purposes until the owner genuinely lives in it.
- No prescribed HMRC form — a letter to HMRC Capital Gains Tax or Personal Tax Account online submission
- The notice must identify the properties, specify the nominated main residence, and give the effective date
- If no election is made within the 2-year window, HMRC determines which was the main residence on the facts (the 'quality of occupation' test)
- The election can be varied at any time by a further written notice — including the day before selling one of the properties
- A new 2-year window opens each time the taxpayer acquires a new qualifying residence, for the new combination of properties
Final Period Exemption and BTL Planning Strategy
The Final Period Exemption (TCGA 1992 s.223(1)) provides that the last 9 months of ownership of a property that has at any time been the owner's main residence are exempt from CGT. This is the primary planning opportunity for landlords who previously lived in a property before renting it out — the last 9 months of ownership are automatically exempt regardless of what the property was used for during that period.
- 9 months (as of 6 April 2020) — reduced from 18 months (April 2014–April 2020) and 36 months (before April 2014)
- The property must have been the owner's main residence at SOME POINT during ownership — whether by election or on the facts
- Disabled persons and care home residents: the final exempt period is extended to 36 months
- BTL planning: if the landlord genuinely occupied the BTL as a residence and nominated it (by election or on the facts), the last 9 months of ownership are automatically exempt from CGT on disposal
- HMRC enquiry risk: sham occupation (where the landlord did not genuinely live in the property) will be challenged — HMRC requires utility bills; bank statements; driving licence; GP registration at the nominated address as the real-life address
Letting Relief — Post-April 2020 Restriction
Letting relief (TCGA 1992 s.223(4)) was significantly restricted from 6 April 2020. Post-2020, it is only available where the landlord shared occupation of the property with the tenant at the same time — a lodger arrangement where the landlord lives in part of the property while letting out another part.
- Post-April 2020: letting relief only available where the landlord shares occupation with the tenant simultaneously
- Maximum letting relief: the lesser of (a) the PRR attributable to the period of shared letting; (b) £40,000 per owner (£80,000 for a jointly owned property with two owners)
- Pre-April 2020 (ABOLISHED for disposals on or after 6 April 2020): letting relief was available even after the owner had fully vacated — this regime no longer applies
- Where applicable, letting relief reduces the chargeable gain — the PRR fraction and final period exemption are calculated first, and letting relief reduces the remaining chargeable gain further