When is a house a home? Answering a rather taxing question

There is no hard and fast definition of 'main residence'

clock • 4 min read

Frances Hume explores what HMRC means by 'main residence' in relation to capital gains tax linked to the sale of second properties...

The question of whether a property is someone's main residence has long been associated with capital gains tax (CGT) due to the relief available on the sale of a ‘principal private residence'. However, the recent case of Cohen v HMRC has shown that it is also relevant to stamp duty land tax (SDLT) as it is possible to replace your main residence without suffering the higher rates of SDLT on the purchase. But what exactly is a ‘main residence'? In short, there is no hard and fast definition. HM Revenue & Customs (HMRC) gives very little guidance on the meaning of residence, merely s...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Tax planning

Are you and relevant clients ready for Making Tax Digital?

Are you and relevant clients ready for Making Tax Digital?

Is this new regime actually simpler for clients?

Alex Ranahan
clock 15 April 2026 • 5 min read
Andrew Tully: The IHT on pensions illiquid assets challenge

Andrew Tully: The IHT on pensions illiquid assets challenge

'The need for advice is clear'

Andrew Tully
clock 10 April 2026 • 4 min read
Why the Scottish Budget means it's time to act to save your pension

Why the Scottish Budget means it's time to act to save your pension

'These changes may mark something of an inflection point'

Drew Nutsford
clock 02 April 2026 • 4 min read