Income Tax (Trading and Other Income) Act 2005 section 253

Lump sums paid to personal representatives for copyright etc.

Section 253 exempts certain lump sum payments made to the personal representatives of deceased authors and designers from being taxed as post-cessation receipts.

  • Lump sums paid to personal representatives of an author for assigning copyright or public lending right in a literary, dramatic, musical or artistic work are not post-cessation receipts
  • Lump sums paid to personal representatives of a designer for assigning design right are likewise not post-cessation receipts
  • The exemption applies whether the whole or only part of the relevant right is assigned
  • In Scotland, "assignment" is read as "assignation" in accordance with the Act's definitions

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