Part 2Trading income

C1Chapter 18Post-cessation receipts

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 Ch. 18 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 2(3)(a)

Meaning of “post-cessation receipts”

246Basic meaning of “post-cessation receipt”

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 F1a reference to a company ceasing to be within the charge to corporation tax in respect of a trade.

F32A

If, immediately before a person permanently ceases to carry on a trade, F4the cash basis applies in relation to the trade, a sum is to be treated as a post-cessation receipt only if it would have been brought into account in calculating the profits of the trade on the cash basis had it been received at that time.

3

Subsection (4) applies if—

a

a firm carries on a trade, F5and

b

a person ceases to be a partner in the firm, F6...

F6c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 receipts

1

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

  • section 82(6) (contributions to local enterprise organisations or urban regeneration companies),

  • section 104(3) (distribution of assets of mutual concerns),

  • section 109(2) (receipt by donor or connected person of benefit attributable to certain gifts),

  • section 185(1) (election for valuation at cost),

  • section 248 (debts paid after cessation),

  • section 249 (debts released after cessation), as qualified, where appropriate, by section 48(4) (car F2... hire),

  • section 250 (receipts relating to post-cessation expenditure),

  • section 251 (transfer of rights if transferee does not carry on trade), and

  • section 844 (income charged on withdrawal of relief after source ceases: unremittable income).

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.