BIM90000 - Post-cessation receipts and expenses: contents
Chapter 18 Part 2 Income Tax (Trading and Other Income) Act 2005, Chapter 15 Part 3 Corporation Tax Act 2009
This guidance looks at the taxation of post-cessation receipts and expenses of a trade. These provisions apply to professions and vocations as they apply to trades. Post-cessation receipts and expenses legislation also applies to property businesses under Chapter 10 Part 3 ITTOIA 2005 (sections 349-356) and Chapter 9 Part 4 CTA 2009 (sections 280-286). See PIM2510.
Taxation of post-cessation receipts
It is important to note that there is no requirement in the legislation that the person who receives the post cessation receipt is the one who carried on the trade in question; the tax liability is on the person who receives the income.
This guidance looks at the tax treatment that should be applied where the source (that is the person earning the income or the trade or business) has, for whatever reason ceased.
Relief for post-cessation expenses
Relief may be available for post-cessation expenses of a trade, although such expenses still have to satisfy the wholly and exclusively test and be revenue in nature in order to qualify for relief. There are a number of different ways in which post-cessation expenses can be relieved, which depend on the person incurring the expenditure and the type of expenditure incurred.
This chapter contains the following:
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BIM90005Has the trade ceased?
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BIM90010Charge to tax
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BIM90015Territorial scope of the provisions
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BIM90020Person liable to tax
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BIM90025Amount arising is relevant UK earnings
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BIM90030Meaning of post-cessation receipts
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BIM90035Meaning of post-cessation receipts: Debt paid after cessation
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BIM90040Meaning of post-cessation receipts: Debt released after cessation
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BIM90045Meaning of post-cessation receipts: Receipts relating to post-cessation expenses
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BIM90050Meaning of post-cessation receipts: Transfer of rights if transferee does not carry on the trade
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BIM90055Receipts which are not post-cessation receipts: Transfer of trading stock
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BIM90060Receipts which are not post-cessation receipts: Transfer of work in progress
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BIM90065Receipts which are not post-cessation receipts: Lump sums paid to personal representatives for copyright
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BIM90070Receipts which are not post-cessation receipts: Transfer of rights if the transferee carries on the trade
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BIM90075Election to carry back post-cessation receipts
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BIM90080Meaning of post-cessation expenses
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BIM90085Other provisions relieving expenses incurred after the cessation of the trade
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BIM90090Overview of reliefs for post-cessation expenses
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BIM90095Relief for post-cessation expenses against post-cessation receipts
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BIM90100Post-cessation trade relief
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BIM90105Post-cessation trade relief: Reduction for unpaid trade expenses
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BIM90110Post-cessation trade relief: Meaning of qualifying payment
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BIM90115Post-cessation trade relief: Meaning of qualifying event
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BIM90120Post-cessation trade relief: Targeted anti-avoidance provision
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BIM90125Post-cessation trade relief: Interaction with relief for liabilities of a former employment
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BIM90130Post-cessation expenses set against chargeable gains
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BIM90135Carry forward of unrelieved post-cessation expenses