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Section 190 Basic meaning of “post-cessation receipt”

(1)

In this Part “post-cessation receipt” means a sum—

(a)

which is received after a person permanently ceases to carry on a trade, and

(b)

which arises from the carrying on of the trade before the cessation.

(2)

In this Chapter, except in sections 194 and 195, references to a person permanently ceasing to carry on a trade include—

(a)

in the case of a company, the occurrence of an event treated under section 18 of ITTOIA 2005 (companies beginning or ceasing to be within charge to income tax) as the company permanently ceasing to carry on the trade, and

(b)

in the case of a trade carried on by a person in partnership, the occurrence of an event treated under section 246(4) of ITTOIA 2005 (basic meaning of “post-cessation receipt”) as the person permanently ceasing to carry on the trade.

Notes on Part 3

Modifications

C1

Pt. 3 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 4(1)

Notes on Chapter 15

Modifications

C1

Pt. 3 Ch. 15 applied (with modifications) (22.7.2020) by Finance Act 2020 (c. 14), Sch. 16 para. 2(3)(b)