Post-cessation property reliefU.K.
125Post-cessation property reliefU.K.
(1)A person may make a claim for post-cessation property relief if, after permanently ceasing to carry on a UK property business (whether carried on alone or in partnership)—
(a)the person makes a qualifying payment, or
(b)a qualifying event occurs in relation to a debt owed to the person,
and the payment is made, or the event occurs, within 7 years of that cessation.
(2)If the claim is made in respect of a payment, the claim is for the payment to be deducted in calculating the person's net income for the tax year in which the payment is made (see Step 2 of the calculation in section 23).
(3)If the claim is made in respect of an event, the claim is for the appropriate amount of the debt to be deducted in calculating the person's net income for the relevant tax year (see Step 2 of the calculation in section 23).
(4)The claim must be made on or before the first anniversary of the normal self-assessment filing date for the tax year for which the deduction is to be made.
(5)If—
(a)the person is a company within the charge to income tax under Chapter 3 of Part 3 of ITTOIA 2005 in respect of a UK property business, and
(b)the company ceases at any time to be within that tax charge in respect of the business,
the company is treated for the purposes of this section as permanently ceasing to carry on the business at that time.
(6)The following provisions apply for the purposes of post-cessation property relief as they apply for the purposes of post-cessation trade relief (but as if any reference to a trade were to a UK property business)—
(a)section 97 (meaning of “qualifying payment”),
(b)section 98 (meaning of “qualifying event” etc),
[F1(ba)section 98A (denial of relief for tax-generated payments or events),]
(c)section 99 (reduction of relief for unpaid trade expenses), and
(d)section 100 (prohibition against double counting).
Textual Amendments
F1S. 125(6)(ba) inserted (17.7.2012) (with effect in accordance with s. 9(6)-(8) of the amending Act) by Finance Act 2012 (c. 14), s. 9(4)
126Treating excess post-cessation property relief as CGT lossU.K.
A person who cannot deduct all of an amount under a claim for post-cessation property relief may be able to treat the unused part as an allowable loss for capital gains tax purposes: see sections 261D and 261E of TCGA 1992.