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Official guidance
Business Income Manual

BIM90000 · Post-cessation receipts and expenses

  • BIM90005 · Has the trade ceased?
  • BIM90010 · Charge to tax
  • BIM90015 · Territorial scope of the provisions
  • BIM90020 · Person liable to tax
  • BIM90025 · Amount arising is relevant UK earnings
  • BIM90030 · Meaning of post-cessation receipts
  • BIM90035 · Meaning of post-cessation receipts: debts paid after cessation
  • BIM90040 · Meaning of post-cessation receipts: debts released after cessation
  • BIM90045 · Meaning of post-cessation receipts: receipts relating to post-cessation expenses
  • BIM90050 · Meaning of post-cessation receipts: transfer of rights if transferee does not carry on the trade
  • BIM90055 · Receipts which are not post-cessation receipts: transfer of trading stock
  • BIM90060 · Receipts which are not post-cessation receipts: transfer of work in progress
  • BIM90065 · Receipts which are not post-cessation receipts: lump sums paid to personal representatives for copyright
  • BIM90070 · Receipts which are not post-cessation receipts: Transfer of rights if the transferee carries on the trade
  • BIM90075 · Election to carry back post-cessation receipts
  • BIM90080 · Meaning of post-cessation expenses
  • BIM90085 · Other provisions relieving expenses incurred after the cessation of the trade
  • BIM90090 · Overview of reliefs for post-cessation expenses
  • BIM90095 · Relief for post-cessation expenses against post-cessation receipts
  • BIM90100 · Post-cessation trade relief
  • BIM90105 · Post-cessation trade relief: reduction for unpaid trade expenses
  • BIM90110 · Post-cessation trade relief: meaning of qualifying payment
  • BIM90115 · Post-cessation trade relief: meaning of qualifying event
  • BIM90120 · Post-cessation trade relief: targeted anti-avoidance provision
  • BIM90125 · Post-cessation trade relief: interaction with relief for liabilities of a former employment
  • BIM90130 · Post-cessation expenses set against chargeable gains
  • BIM90135 · Carry forward of unrelieved post-cessation expenses
  1. Post-cessation receipts and expenses: contents
  2. Post-cessation receipts and expenses: post-cessation trade relief: targeted anti-avoidance provision

BIM90120 | Post-cessation receipts and expenses: post-cessation trade relief: targeted anti-avoidance provision

From HM Revenue & Customs · Business Income Manual

S98A ITA 2007

Anti-avoidance provision to counter schemes using post-cessation trade relief

This guidance relates to post-cessation expenses incurred by individuals, trustees, personal representatives and non-resident companies subject to Income Tax only.

The provisions in the legislation which allow certain post-cessation expenses to be relieved against total income and/or capital gains are very generous (see BIM90100 and BIM90130).

In response to a contrived and aggressive avoidance scheme that sought to generate post-cessation expenses that would then be relieved against total income or capital gains, a targeted anti-avoidance rule was introduced with effect from 12 January 2012 to block such schemes.

The targeted anti-avoidance rule prevents post-cessation trade relief being given where a ‘qualifying payment’ (see BIM90110) or ‘qualifying event’ (see BIM90115) arises directly or indirectly from ‘relevant tax avoidance arrangements’ entered into in which the main purpose, or one of the main purposes, is to obtain a tax reduction.

‘Relevant tax avoidance arrangements’ are widely defined in S98A ITA 2007.

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