Question
My Partner and I live together in my house, we are not married and he does not pay any mortgage or bills here. He bought a house close by that he rents out and has never lived in, we now wish to sell his house and for him to move in here on a more permanent basis. Is it possible for him to move into his house for the time being to limit capital gains tax as he has never lived there, there is no PPR as it stands, he lived away and moved down to be closer to us. I had had a very nasty divorce I was not willing for him to be put on this mortgage and advised him to keep a foot on the housing ladder. Now it seems he is liable for CGT if he sells. Any advice on this would be great!
Arthur Says
This is a frequently asked question. The answer is unfortunately not clear cut. However it may be fair to say that a) if your partner has no other property that is eligible to be his ppr, because he owns no other residence nor does he rent any other residence, and b) he moves into this (until now) investment property with all his belongings, 'lock, stock and barrel', and informs everyone of his new address, and c) he stays there and lives there fully for six months to a year, then more than likely the Revenue would accept that this residence is his ppr. Concerning point a), even if he has another property that is eligible to be his ppr, if he makes an election to the Revenue that the residence that he is moving into now is now his ppr and not the other residence, then it will legitimately become his ppr.
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