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A person's primary residence, or main residence is the
dwelling In law, a dwelling (also known as a residence or an abode) is a self-contained unit of accommodation used by one or more households as a home - such as a house, apartment, mobile home, houseboat, vehicle, or other "substantial" structure. The ...
where they usually live, typically a house or an apartment. A person can only have one ''primary'' residence at any given time, though they may share the residence with other people. A primary residence is considered to be a legal residence for the purpose of
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Ta ...
and/or acquiring a
mortgage A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any ...
. Criteria for a primary residence consist mostly of guidelines rather than hard rules, and residential status is often determined on a case-by-case basis.


Use in urban planning

The primary residence is the main dwelling unit on a parcel of land. This term distinguishes this unit from a potential secondary suite.


Definition in specific jurisdictions


United Kingdom

If taxpayers own a property but never lived in it, it cannot be considered their main residence even if it is the only property they own. Furthermore, the court would ask itself, in order to determine whether the property is their main residence, whether a reasonable person would consider the property their home in light of all the facts surrounding the case. A ship cannot be considered a residence, and property on land that a person returns to after being at sea would be considered his main residence. If a person is forced away from the property that would ordinarily be called "home" because of employment but still occasionally return to that property, then it is still classed as their main residence. In ''Doncaster Metropolitan Borough Council v Stark'', 998R.V.R. 80 Mr Stark, an RAF serviceman, returned to his matrimonial home only when on leave. The court rejected Mrs Stark's claim that she was entitled to the single person's 25% rebate on rates owed the Council. The court ruled that she was not a single person, because the property was also Mr Stark's main residence, that is, where Mr Stark would have lived were it not for the demands of his occupation.


United States

The requirements to validate your principal residence vary and depend on the agency requesting verification. On the federal level, the taxpayer's principal residence may in general include a houseboat, a house trailer, or the house or apartment that the taxpayer is entitled to occupy as a tenant-stockholder in a cooperative housing corporation, in addition to the traditional house. Specifically, Treasury Regulation Section 1.121-1(b)(2) gives the following requirements: ''In the case of a taxpayer using more than one property as a residence, whether property is used by the taxpayer as the taxpayer’s principal residence depends upon all the facts and circumstances. If a taxpayer alternates between 2 properties, the property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer’s principal residence. In addition to the taxpayer's use of the property, relevant factors in determining a taxpayer's principal residence, include, but are not limited to - (i) The taxpayer's place of employment; (ii) The principal place of abode of the taxpayer's family members; (iii) The address listed on the taxpayer's federal and state tax returns, driver's license, automobile registration, and voter registration card; (iv) The taxpayer's mailing address for bills and correspondence; (v) The location of the taxpayer's banks; and (vi) The location of religious organizations and recreational clubs with which the taxpayer is affiliated.'' In the United States, a primary residence is understood to be a property that one has regular access to, as opposed to a property one owns but does not have access to due to it being rented out to others. This can affect eligibility for a
mortgage A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any ...
or home equity loan, with requirements generally being looser for getting a loan for a property one lives in, it being believed that a homeowner will try harder to pay the loan if they risk losing their primary residence. Fraudulent representation of a person's primary residence can result in significant financial downside and potential criminal charges.


See also

*
Residency Residency may refer to: * Domicile (law), the act of establishing or maintaining a residence in a given place ** Permanent residency, indefinite residence within a country despite not having citizenship * Residency (medicine), a stage of postgrad ...
*
Tax residence The criteria for residence for tax purposes vary considerably from jurisdiction to jurisdiction, and "residence" can be different for other, non-tax purposes. For individuals, physical presence in a jurisdiction is the main test. Some jurisdictio ...
* Legal residence


References


External links


Primary Place of Residence
as defined by the
Canada Revenue Agency The Canada Revenue Agency (CRA; ; ) is the revenue service of the Canadian federal government, and most provincial and territorial governments. The CRA collects taxes, administers tax law and policy, and delivers benefit programs and tax cre ...
Residency {{Law-stub