Paul Kehoe (Wexford, Fine Gael)
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Question 123: To ask the Minister for Finance if a person selling their home (details supplied) is liable for capital gains tax; and if he will make a statement on the matter. [7778/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that in the circumstances outlined, a person's share of a gain arising on the sale of a jointly-owned house, including gardens and grounds up to one acre which he has occupied as his only or main residence throughout his period of ownership, is generally exempt from capital gains tax (this exemption is commonly referred to as "principal private residence relief"). Principal private residence relief may be restricted where the house is not so occupied throughout the period of ownership (excluding the final 12 months), is partially used for business purposes or is a sale of development land. The portion of the gain attributable to the siblings who do not live in the house is chargeable to capital gains tax on each in the normal manner unless the sibling who lives there is a "dependent relative". If the person who lives in the house is a "dependent relative" of the other siblings, then principal private residence relief may also be available to those other siblings.