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Legislation
Income Tax Act 2007

Crossheading Post-cessation trade relief

  • Section 96 Post-cessation trade relief
  • Section 97 Meaning of “qualifying payment”
  • Section 98 Meaning of “qualifying event” etc
  • Section 98A Denial of relief for tax-generated payments or events
  • Section 99 Reduction of relief for unpaid trade expenses
  • Section 100 Prohibition against double counting
  • Section 101 Treating excess post-cessation trade relief as CGT loss
  1. Post-cessation trade relief
  2. Reduction of relief for unpaid trade expenses

Section 99 | Reduction of relief for unpaid trade expenses

From legislation.gov.uk

(1)This section applies for the purposes of post-cessation trade relief in respect of a person's trade if a deduction was made in calculating the profits of the trade for an expense not actually paid (an “unpaid expense”).

(2)The amount of the person's relief for a tax year is reduced (but not below nil) by—

(a)the total amount of unpaid expenses at the end of the tax year, or

(b)if the person carried on the trade as a partner in a firm, the person's share of the total amount of unpaid expenses at the end of the tax year.

(3)But any unpaid expense which is taken into account in reducing the amount of the person's relief for a tax year is left out of account in making reductions for subsequent tax years.

(4)If the person actually pays an amount in respect of an unpaid expense taken into account in reducing the amount of the person's relief, the person is treated as making a qualifying payment for the purposes of section 96.

(5)The amount of the qualifying payment is—

(a)the amount actually paid, or

(b)if less, the amount of the reduction.

(6)This section applies to professions and vocations as it applies to trades.

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