Lee Sharpe, in his August 2016 article about notable cases, mentioned the case of Richard Dutton-Forshaw v Revenue and Customs [2015] UKFTT 478 (TC), where the taxpayer successfully claimed capital gains tax private residence relief. A similar-looking case, but one where the decision went the other way, was Kothari v Revenue and Customs [2016] UKFTT 127 (TC), and a comparison of the two cases answers that oft-asked question: ‘How long do I have to stay in a property for it to be treated as a residence?’.
Mike Truman considers the question ‘How long do I have to stay in a property for it to be treated as a residence?’ for capital gains tax private residence relief purposes in the context of two tax cases with different outcomes.
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