PTC deemed occupation of residence

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pirate
pirate Registered Posts: 469 Dedicated contributor 🦉
Hi there

there are 3 rules for deemed occupation of a private residence

1 of which is any period (or periods taken together) for whatever reason not exceeding 3 years is deemed to be a residence.
If you only 2 say 2 at one time and many years later you take another 2 can you claim that 3 out of the 4 years are deemed residence

An Example
house bought on 1 May 2003
Lived in until 30 April 2004
then stayed with her mother for 2 years
then on 1 May 2006 to 31 August 2006 she lived there
she left 1 Sept 09 to live in another house and then eventually sold the house on 28 Feb 2010

Ok so I have periods of occupancy as follows
1 May 2003 - 30 April 2004 - time 12 months actual occupancy = 12 months
1 May 2004 - 30 April 2006 - time 24 months deemed occupancy = 24 months (under rules above)
1 May 2006 - 31 Aug 2006 - time 4 months actual occupancy = 4 months
1 Sept 2006 - 28 feb 2010 - time 42 months actual occupancy = ?

It could be either 36 months as the last 36 months of occupanccy is always deemed
or it could be 42 since the last 36 months are always deemed plus 4 months for any reason

anyone know if the rule about can only be used once and its 3 years or less
or if its a total of 3 years for the entire ownership which could be split over different time periods

thanks

Comments

  • pirate
    pirate Registered Posts: 469 Dedicated contributor 🦉
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    Just to add to this
    I just found something out that the deemed residency rules only apply if there has been a period of residency before and after the absence and no other PPR
    so in the above example the last 42 months would been deemed 36 months of living since she had another PPR and also didnt live there after.

    So duh need to learn rules

    but does anyone know if it can be split over the whole term if she did mean the rules of residency before and after and no other PPR
  • wonderwife2008
    wonderwife2008 Registered Posts: 41 Regular contributor ⭐
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    This is my area of doom as I always forget it must be a PPR before AND after ... my text book says 3 yrs in total for any reason so I think you can only have a maximum of 3 yrs which can be split but not exceeded
  • koda
    koda Registered Posts: 52 Regular contributor ⭐
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    Providing the house has been lived in at some stage, the last 3 years are exempt no matter what.
    There are 3 other rules which apply on the conditions that the taxpayer does not have another PPR at that time and the property was occupied sometime before and after:
    3 years in total (can be split) for any reason
    4 years for working in the UK
    any period when living abroad due to employment
  • pirate
    pirate Registered Posts: 469 Dedicated contributor 🦉
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    This is my area of doom as I always forget it must be a PPR before AND after ... my text book says 3 yrs in total for any reason so I think you can only have a maximum of 3 yrs which can be split but not exceeded

    lol me too
    plus various other areas too numerous to mention

    we will get there.
    roll on friday afternoon pimm and lemonade or some other luxury

    bet it rains
  • noodles
    noodles Registered Posts: 308 Dedicated contributor 🦉
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    dont be caught out and classs self employed abroad as employment, it has to be fully employed.
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