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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Sums treated as post-cessation receipts

  • Section 248 Debts paid after cessation
  • Section 249 Debts released after cessation
  • Section 250 Receipts relating to post-cessation expenditure
  • Section 251 Transfer of rights if transferee does not carry on trade
  1. Sums treated as post-cessation receipts
  2. Debts paid after cessation

Section 248 | Debts paid after cessation

From legislation.gov.uk

(1)Subsection (2) applies if, in calculating the profits of a trade for income or corporation tax purposes, a deduction is made in respect of a debt under—

(a)section 35 (bad and doubtful debts), or

(b)section 74(1)(j) of ICTA (corresponding corporation tax provision),

and a person permanently ceases to carry on the trade.

(2)A sum received after the cessation is treated as a post-cessation receipt so far as the deduction is made.

(3)Subsection (4) applies if relief is given under section 96 of ITA 2007(relief for post-cessation expenditure) as a result of subsection (1)(b) of that section in respect of a debt owed to a person who has permanently ceased to carry on a trade.

(4)A sum received by the person in payment of the debt is treated as a post-cessation receipt so far as relief is given in respect of the sum.

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