Corporation Tax Act 2009

95Acquisition of trade: receipts from transferor’s trade
This section has no associated Explanatory Notes

(1)This section applies if —

(a)a person (“the transferor”) permanently ceased to carry on a trade at any time,

(b)at that time the transferor transferred to another person (“the transferee”) the right to receive sums arising from the carrying on of the trade, and

(c)the transferee subsequently carries on the transferor’s trade.

(2)Sums—

(a)which the transferee receives as a result of the transfer, and

(b)which are not brought into account in calculating the profits of the transferor’s trade for corporation or income tax purposes of any period before the cessation,

are brought into account in calculating the profits of the transferee’s trade in the accounting period in which they are received.

(3)Any sums mentioned in subsection (1)(b) which are received after the transferor has permanently ceased to carry on the trade are not post-cessation receipts (see Chapter 15).