CG64485 - Two or more residences: right of nomination
If an individual has two or more residences within Section
222 he or she has the right under TCGA92/S222 (5) to nominate which
of these residences is to be treated as his or her main residence
for any period. The main residence will attract relief for that
period. See
- CG64427+ for the meaning of residence
- CG64470+ which explains when a residence is within Section 222.
TCGA92/S222 (5)
Section 222(5) gives an individual the right to choose between
two or more residences. So it follows that a property must be in
use as a residence of that individual before a nomination can be
valid. A nomination cannot be used to convert a dwelling house
which is not being used as a residence into a residence for the
purpose of obtaining relief.
In certain circumstances the legislation treats a dwelling
house which is not a residence as if it were a residence for a
particular period. See CG64477-CG64478. In these circumstances the
right of nomination applies in the same way as if the dwelling
house were actually a residence.
An individual is not obliged to nominate the dwelling house
which is factually his or her main residence as the residence which
is to attract relief. If the individual has more than one residence
the relative extent to which each is occupied as a residence is not
a material factor.
This contrasts with the position for mortgage interest relief
where the question of whether the property in respect of which
interest is paid is the only or main residence is a question of
fact. It is possible for an individual to obtain mortgage interest
relief on one residence, which is factually his or her main
residence, but to nominate a different residence to obtain relief
from Capital Gains Tax.
