If a property rental business has a creditor to pay a rent rebate and a rent deposit due to a connected company that has now been struck off at Companies House how are the credits treated on writing back the creditors in its accounts?
It would appear that money debts that are trade or property business debts can fall within the loan relationship rules as "relevant non-lending relationships not involving discounts" ( s479 and s481 CTA 2009 ).
Does this only apply to a money debt where the debtor company has previously claimed a deduction for an expense which is no longer payable and is released ( s481(3)(f) CTA 2009 ) ? For a "release" on or after 22 April 2009 where the companies are connected there would be no taxable credit in the debtor company. Is there a "release" if the creditor company has been struck off and unlikley to demand payment ? ( CFM41060 refers to a release as being when a debt is no longer legally enforceable )
Does the creditor for the rent deposit fall under the same rules or possibly not as company has not previously obtained a tax deduction for the rent deposit which was balance sheet entries when received. How is the write back of the credit in the accounts relating to the deposit then treated ? Simply taxed as business property income even though no formal release from the struck off company ?
If accounts are not yet finalised for period ended prior to 22 April 2009 will the credits have to appear in these accounts or delayed until next period after 22 April 2009, but there is no formal release as such unless the struck off company was resurrected to enter into a formal release ?
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