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Capital gains tax and PPR

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Wife bought a house in 1995. She passed away in 2000 and then in 2003 it was transferred to her husband. Between 1995 and 2009 family lived there. Then in 2009 the husband moved to go be a live in carer for his mother. He is now back at the property and wants to sell. I think one son lived in the house while he was away. Can he claim PPR between 2009 and now?

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By jonharris999
29th Jul 2020 16:13

Have you asked him why he didn't write to HMRC to nominate his house as his PPR?

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Scooby
By gainsborough
29th Jul 2020 17:26

Sounds like a good case for a late election under ESC D21 if none previously made (and assuming there are no other properties owned/partially owned by the husband that could qualify as his main residence).

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Replying to gainsborough:
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By Paul Crowley
29th Jul 2020 21:39

Best option
Client could reasonably claim not to know the rules

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By Elizabeth Wong
30th Jul 2020 08:46

Hi

Thanks for the answers. He is a new client, and as far as I know it was elected as a main residence. I was just unaware, as he hadn't lived there for over 10 years if he could still claim PPR for that part, as he didn't move away for job purposes. He hasn't bought anything else.

Liz

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Replying to Elizabeth Wong:
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By Tax Dragon
30th Jul 2020 08:59

If he wasn't using it as a residence at all for 10 years, then the exemption will be restricted. If he was using it as a residence in that period and has made/can make the election, then I'd say the exemption applies in full.

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