BIM80740 - Post-cessation receipts: expenses: relief available under ICTA88/S109A: clawback for unpaid expenses
ICTA88/S109A (5)
In a computation of trading profits based on commercial
accountancy principles, expenses will have been charged as they
accrue and not when they are paid. So on cessation the profits will
usually have been reduced by amounts still to be paid. If in the
outcome such a debt is not paid or an expense was over-provided,
and that expense remains unpaid on the last day of the year of
assessment in which a post-cessation expense qualifies for relief
under ICTA88/S109A, the amount of the relief is to be reduced by
the amount of the unpaid expense. Inspectors should make enquiries
in appropriate cases.
If the unpaid expense is later paid, a post-cessation
expense previously clawed back may be treated as a qualifying
payment of the year in which that unpaid expense is paid.
Example of how Section 109A (5)(a)-(c) will work in
detail:-
| Trade ceased 12.12.96 |
|
|
|
|
| Year ended | 5.4.98 | 5.4.99 | 5.4.00 | 5.4.01 |
| Expenses deducted in final accounts but not paid by end of year | £150 | £150 | £20 | £20 |
| Payment of unpaid expenses |
|
| £130 |
|
| Post-cessation expense within Section 109A but clawback applies) | £100 |
|
|
|
| Expenses deemed unpaid at end of year (Section 109A(5)(b) applies) | £50 | £50 | £20 |
|
| `Deemed' post-cessation expense |
|
| £80 |
|
| Relief under Section 109A (5)(c) |
|
| £80 |
|
Note: When in the year to 5.4.2000 the ex-trader pays £130 of previously unpaid expenses, then £100 - the qualifying payment on 3.4.98 which was reduced to Nil under Section 109A (5)(a) - is treated as if it were a qualifying payment in the year to 5.4.2000. The unpaid expenses on 5.4.2000 are £20 and are deducted under Section 109A (5)(a) from the £100 post-cessation expenses deemed for the year by Section 109A (5)(c). This gives new relief of £80. The expenses `deemed unpaid' by Section 109A (5)(b) are Nil in the year to 5.4.2000, but there is £20 actually unpaid which is available for relief under Section 109A (5)(c) if paid in a later year.
