NEWSLETTER ARTICLES

 

26-03-2019
Person liable to pay tax on post-cessation receipts

There are special rules for the taxation of post-cessation receipts, those received after a trade has ceased. The legislation clearly states that the person who receives or is entitled to the post-cessation receipt is the person who is subject to Income Tax or Corporation Tax on the income. This does not have to be the same person who carried on the original trade.

The only test to consider when deciding whether these rules apply is if the income is a post-cessation receipt. If it is, then unless the territorial exclusion applies, the income is taxable on the recipient.

HMRC manuals explain how case law has determined when and if there is another person with a claim to the income. Effectively, the conclusions drawn mean that it is the person who receives the money who is taxable even if others can also lay claim to the funds involved.

Consideration must be given to the specific facts of each case to decide who is liable to tax on the post-cessation receipt.

Source: HM Revenue & Customs | 26-03-2019

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