[222A Determination of main residence: non-resident CGT disposals]

[222A  Determination of main residence: non-resident CGT disposals]

[(1)     This section applies where—

(a)     an individual (“P”) makes a disposal of, or of an interest in—

(i)     a dwelling-house, or part of a dwelling-house, which was at any time in P's period of ownership occupied by P as a residence, or

(ii)     land (as mentioned in section 222(1)(b)) which P had for P's own occupation and enjoyment with that residence as its garden or grounds, and

[(b)     the disposal is—

(i)     a disposal on which a residential property gain (as defined by Schedule 1B) accrues which is chargeable to capital gains tax because of section 1A(3)(b), or

(ii)     a disposal on which a loss accrues but is one which, had a gain accrued, would

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