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Part 2U.K.Trading income

Chapter 18U.K.Post-cessation receipts

Meaning of “post-cessation receipts”U.K.

246Basic meaning of “post-cessation receipt”U.K.

(1)In this Part “post-cessation receipt” means a sum—

(a)which is received after a person permanently ceases to carry on a trade, and

(b)which arises from the carrying on of the trade before the cessation.

(2)For this purpose the reference to a person permanently ceasing to carry on a trade includes the occurrence of an event which under section 337(1) of ICTA is treated as the discontinuance of a trade.

(3)Subsection (4) applies if—

(a)a firm carries on a trade,

(b)a person ceases to be a partner in the firm, and

(c)the departure results in the partner permanently ceasing to carry on the notional trade (see section 852).

(4)The partner is treated for the purposes of this Chapter as permanently ceasing to carry on the trade.

247Other rules about what counts as post-cessation receiptsU.K.

(1)The following provisions treat certain amounts as post-cessation receipts for the purposes of this Part—

(2)Section 98 (acquisition of trade: receipts from transferor's trade) and section 251 (transfer of rights if transferee does not carry on trade) treat certain amounts as not being post-cessation receipts for the purposes of this Part.