47.    Apportionment in respect of periods where not ordinarily resident

Subject to paragraph 48, where-

(a)     a natural person or special trust disposes of an interest in a residence which is or was a primary residence; and

(b)     that person or a beneficiary of that special trust or a spouse of that person or beneficiary, was not ordinarily resident in that residence throughout the period on or after the valuation date during which that person or special trust held that interest,

then paragraph 45(1)(a) must apply only in respect of the portion of the capital gain or capital loss on disposal of the primary residence that is attributable to any period on or after the valuation date during which that person, beneficiary or spouse was so ordinarily resident.

[Words following paragraph (b) substituted by section 73 of Act 15 of 2016 effective on 19 January 2017]