Income and Corporation Taxes Act 1988

103 Receipts after discontinuance: earnings basis charge and related charge affecting conventional basis. U.K.

M1 (1) Where any trade, profession or vocation the [F1 profits] of which are chargeable to tax under Case I or II of Schedule D has been permanently discontinued, tax shall be charged under Case VI of that Schedule in respect of any sums to which this section applies which are received after the discontinuance.

(2) Subject to subsection (3) below, this section applies to the following sums arising from the carrying on of the trade, profession or vocation during any period before the discontinuance (not being sums otherwise chargeable to tax)—

(a) where the [F1 profits] for that period were computed by reference to earnings, all such sums in so far as their value was not brought into account in computing the [F1 profits] for any period before the discontinuance, and

(b) where those [F1 profits] were computed on a conventional basis (that is to say, were computed otherwise than by reference to earnings), any sums which, if those [F1 profits] had been computed by reference to earnings, would not have been brought into the computation for any period before the discontinuance because the date on which they became due, or the date on which the amount due in respect thereof was ascertained, fell after the discontinuance.

(3) This section does not apply to any of the following sums—

(a) sums received by a person beneficially entitled thereto who is not resident in the United Kingdom, or by a person acting on his behalf, which represent income arising directly or indirectly from a country or territory outside the United Kingdom, or

(b) a lump sum paid to the personal representatives of the author of a literary, dramatic, musical or artistic work as consideration for the assignment by them, wholly or partially, of the copyright in the work, or

[F2 (bb) a lump sum paid to the personal representatives of the designer of a design which design right subsists as consideration for the assignment by them, wholly or partially, of that right,]

(c) sums realised by the transfer of trading stock belonging to a trade at the discontinuance of the trade, or by the transfer of the work of a profession or vocation in progress at its discontinuance.

Paragraph (b) above shall have effect in relation to public lending right as it has effect in relation to copyright.

(4) Where—

(a) in computing for tax purposes the [F1 profits] of a trade, profession or vocation a deduction has been allowed for any debt incurred for the purposes of the trade, profession or vocation, and

(b) the whole or any part of that debt is thereafter released [F3 otherwise than as part of a relevant arrangement or compromise], and

(c) the trade, profession or vocation has been permanently discontinued at or after the end of the period for which the deduction was allowed and before the release was effected,

subsections (1) to (3) above shall apply as if the amount released were a sum received after the discontinuance.

[F4 (4A) In subsection (4)(b) above “relevant arrangement or compromise” has the same meaning as in section 74.]

(5) For the purposes of this section the value of any sum received in payment of a debt shall be treated as not brought into account in the computation of the [F1 profits] of a trade, profession or vocation to the extent that a deduction has been allowed in respect of that sum under section 74(j).

Textual Amendments

F1 Words in s. 103(1)(2)(a)(b)(4)(a)(5) substituted (31.7.1998) by Finance Act 1998 (c. 36), s. 46(3)(a)(b), Sch. 7 para. 1

F2 Sch.7 para.36(3) Copyright Designs and Patents Act 1988 (c.48)in force on 1August 1989. (Commencement order—S.I. 1989 No.816—not reproduced).

F3 Words in s. 103(4)(b) inserted (with effect in accordance with s. 144(7) of the amending Act) by Finance Act 1994 (c. 9), s. 144(3)(b)

F4 S. 103(4A) inserted (3.5.1994) by Finance Act 1994 (c. 9), s. 144(5)

Modifications etc. (not altering text)

C1 S. 103(5) (as it had effect before 2005 c. 5) amended (with effect in accordance with s. 80(3)(4) of the amending Act) by Finance Act 2005 (c. 7), Sch. 4 para. 5(4)

Marginal Citations

M1 Source—1970 s.143; 1983 s.27(b)