In deciding which of two or more properties is the factual MR for PRR purposes the law is completely indifferent to ownership. Thus, someone may occupy two factual residences but own only one of them freehold and hold the other on a short lease. Since the latter will not normally be assigned at a profit, it will not give rise to a gain on disposal. The taxpayer in such cases may not appreciate the possible need for a TCGA 1992, s. 222(5)(a) election until it is too late (see ¶30-205).
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