Treatment of post-cessation receipts and payments

When a trade ends, income doesn’t always stop. Post-cessation receipts can still arise, and knowing how they are taxed is crucial. Whether it’s Income Tax or Corporation Tax, the recipient—not necessarily the original trader—bears the responsibility.

There are special rules for the taxation of post-cessation receipts 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 person does not necessarily have to be the same one who was originally carrying on the trade.

The only factor to consider when determining whether these rules apply is whether the income qualifies as a post-cessation receipt. If it does, then, unless a territorial exclusion applies, the income is taxable for the recipient.

The legislation provides for the taxation of certain receipts arising from the carrying on of a trade which:

• are received after a person permanently ceases to carry on a trade;
• arise from the carrying on of the trade before the cessation; and
• are not otherwise subject to tax.

In addition to income meeting these conditions, the legislation specifically identifies other types of income treated as post-cessation receipts. There are also certain receipts, such as payments for the transfer of trading stock, which are specifically excluded from being classified as post-cessation receipts.