Post-cessation receipts and expenses: charge to tax
S242-S244 Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005), S188-S189 Corporation Tax Act 2009
Imposes a tax charge on post-cessation trading receipts that would otherwise not be subject to Income Tax or Corporation Tax
The legislation imposes a charge to Income Tax or Corporation Tax (as appropriate) on the receipt of certain income received after the trade has ceased (or treated for tax purposes as having ceased).
This is subject to the rules on the territorial scope of the provisions (see BIM90015).
For details of the person liable to tax on the post-cessation receipt, see BIM90020.
Not otherwise chargeable to tax
The income is taxed as a post-cessation receipt so long as it is not otherwise chargeable to Income Tax or Corporation Tax.
Therefore if, under generally accepted accounting practice (GAAP) and the tax provisions, the income has been rightly brought into the calculation of taxable trading profits then it cannot be taxed as a post-cessation receipt. See example (c) below.
For details of the meaning of post-cessation receipts, see BIM90030.
Amount subject to tax
As far as those subject to Income Tax are concerned (ie individuals, trustees, personal representatives and non-resident companies), tax is charged on the amount of the post-cessation receipts received in the tax year. For companies subject to Corporation Tax, it is the post-cessation receipts received in the accounting period that are brought into the charge to tax.
However, this amount is reduced by:
- any post-cessation expenses incurred in the year (see BIM90080 and BIM90095)
- any post-cessation receipts which are carried back to be treated as income received at the date of cessation (see BIM90075)
National Insurance position for unincorporated businesses
Class 4 National Insurance Contributions are not payable on post-cessation receipts as, under S15 Social Security Contributions and Benefits Act 1992, only profits chargeable to tax under Chap 2 Part 2 ITTOIA 2005 are subject to these contributions.
Examples of receipts which are taxable under other provisions of Income Tax or Corporation Tax and so are not treated as post-cessation receipts are:
- royalties and similar sums received under agreements made by a person to whom copyright has been assigned
In these cases, if the rights have been taken over by a successor or third party in the exercise of his trade or profession, the royalties etc will form part of the trading profits. If the rights have been taken over by an individual who is a non-trader, the income will be taxed as miscellaneous income under S579 ITTOIA 2005 (see BIM50725).
Royalties etc received by a company are dealt with under the intangible assets regime (see CIRD10000 onwards). As regards liability on the consideration received for an assignment of rights, see BIM90050.
- interest which accrues to a moneylender or his estate after the cessation of his business
Such interest is chargeable as savings income (or under the loan relationship rules in the case of companies), see Bennett v Ogston  15 TC 374 which was approved and distinguished in Carson v Cheyney’s Executor