An update on the Higgins case on private residence relief
Gillian Banks of PwC follows up on her August 2017 article on the Higgins case regarding private residence relief, which has since been found in Higgins’ favour in the Court of Appeal.
In 2004 Mr Higgins paid a modest deposit to reserve an apartment that was to be built in a property that had previously been a hotel. He exchanged contracts in October 2006, paying further deposits then and in March 2007. The apartment did not exist at that time. It was, as the FTT put it, “a space in a tower”. He eventually completed the lease contract shortly after the building of the apartment was finished, in January 2010, and then started to occupy the property as his main residence. He lived there until he sold the apartment in January 2012.
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