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The relatively few sections of legislation starting at TCGA 1992 s 222, governing ‘only or main residence relief’ (commonly known as principal private residence (PPR) relief) have been the subject of numerous fierce debates over the years.  

Lee Sharpe considers a recent capital gains tax case that seems to have upset HMRC.

Jennifer Adams examines the benefits or otherwise of getting married (or entering into a civil partnership) focusing on property tax in particular.

In the UK, property taxes are not as directly tied to marital status as they might have been in the past, but marriage can still influence how certain property taxes are applied. 

Trusts can be used for a wide variety of purposes, such as asset protection or passing family wealth down generations. From a tax perspective, trusts need to be handled carefully to prevent unexpected and unwelcome consequences.

Mark McLaughlin highlights a selection of capital gains tax issues involving trusts

Tax policy has long been used to drive behaviour, whether this is to encourage behaviours viewed as desirable, or to discourage those viewed as less desirable. 

Sarah Bradford looks at what the increase in the SDLT supplement will mean to those purchasing second and subsequent residential properties.

Property partnerships seem popular these days – typically, as a stepping-stone to greater things. Regular readers will know that I have long criticised HMRC’s published position on whether a property partnership exists, as distinct from simply co-owned property. My argument is that HMRC has drawn up its guidance to set an unreasonably high threshold to ‘make the grade’ as a partnership.

Lee Sharpe looks at whether a joint property letting activity amounts to a partnership, and why it is relevant to landlords.  

Most people do not expect to have to pay capital gains tax (CGT) when they sell their home. Private residence relief (also known as main residence relief or principal private residence relief) normally applies in full when the property has been the taxpayer’s only or main residence throughout the whole period for which they have owned it.  

Sarah Bradford outlines the concept of a ‘main’ residence for capital gains tax purposes. 

The government (HMRC) has become increasingly worried about the volume of small and medium-sized enterprise research and development (R&D) tax credit payments where a company claims to have undertaken eligible R&D activity (and it is important to keep in mind that only certain types of R&D may qualify – there are a lot of criteria).

Lee Sharpe looks at tax aspects of modernising property and the risk of disallowance as improvements that constitute capital expenditure, losing income tax relief in the property business. 

Whether to buy commercial or residential property depends on various factors, not least the more beneficial tax system for commercial lets and whether an individual or a company is purchasing the property. The government wishes to encourage commercial lets and therefore permits a more generous tax regime than residential lettings. 

Jennifer Adams considers some important tax benefits of investing in commercial property.