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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 released after cessation

Section 249 | Debts released after cessation

From legislation.gov.uk

(1)This section applies if—

(a)in calculating the profits of a trade for any period for income or corporation tax purposes, a deduction is allowed for the expense giving rise to a debt owed by the person who carried on the trade,

(b)the person has permanently ceased to carry on the trade at or after the end of that period,

(c)after the cessation, all or part of the debt is released, and

(d)the release is not part of a statutory insolvency arrangement.

(2)The amount released is treated as a post-cessation receipt.

(3)For the purposes of this section the reference to a person permanently ceasing to carry on a trade includes a reference to a company ceasing to be within the charge to corporation tax in respect of a trade.

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