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Contents

Official guidance
VAT Transfer of a going concern
  • VTOGC0500 · Data Protection
  • VTOGC1000 · Introduction
  • VTOGC2000 · What is the transfer of a business as a going concern (TOGC) for VAT purposes?
  • VTOGC3000 · Article 5 VAT (Special Provisions) Order 1995
  • VTOGC4000 · Common areas of difficulty
  • VTOGC5000 · Transfers and VAT Groups
  • VTOGC6000 · Land and Property
  • VTOGC7000 · Property rental business
  • VTOGC1200 · Introduction: The Law
  • VTOGC1300 · Introduction: EC Law
  • VTOGC1400 · Introduction: UK Law
  • VTOGC1500 · Introduction: Previous UK Law
  • VTOGC1600 · Introduction: General approach
  • VTOGC1700 · Introduction: Purpose of the provision
  • VTOGC2300 · What is the transfer of a going concern?: dealing with enquiries from businesses and advisers
  • VTOGC3510 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: general
  • VTOGC3515 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: the key approach - weighing the factors
  • VTOGC3520 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: factors to consider
  • VTOGC3525 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: goodwill
  • VTOGC3530 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: the business name
  • VTOGC3535 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: customer lists, knowledge of customers and common directors
  • VTOGC3540 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: transfer of contracts and work in progress
  • VTOGC3545 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: stock
  • VTOGC3555 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: premises
  • VTOGC3560 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: staff
  • VTOGC3565 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: restrictive covenant
  • VTOGC3570 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: the contract of sale and other documentation
  • VTOGC3575 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: consensus
  • VTOGC3580 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: advertisements
  • VTOGC3585 · Article 5 VAT (Special Provisions) Order 1995: Has there been the transfer of a business or just a sale of assets?: break in trading - after the sale
  • VTOGC3610 · Article 5 VAT (Special Provisions) Order 1995: What is a going concern?: profitability
  • VTOGC3620 · Article 5 VAT (Special Provisions) Order 1995: What is a going concern?: continuity of the former business
  • VTOGC3630 · Article 5 VAT (Special Provisions) Order 1995: What is a going concern?: cessation of trading before sale
  • VTOGC3700 · Article 5 VAT (Special Provisions) Order 1995: Same kind of business
  • VTOGC3800 · Article 5 VAT (Special Provisions) Order 1995: Motive of purchasers/intention to carry on a different business
  • VTOGC3850 · Article 5 VAT (Special Provisions) Order 1995: sale of part of a business
  • VTOGC3900 · Article 5 VAT (Special Provisions) Order 1995: Taxable person
  • VTOGC4500 · Common areas of difficulty: transfer of a wholly exempt business
  • VTOGC4600 · Common areas of difficulty: successive transfers
  • VTOGC4700 · Common areas of difficulty: exception - property in Scotland
  • VTOGC4800 · Common areas of difficulty: reallocation of VAT number
  • VTOGC4850 · Common areas of difficulty: retention of records
  • VTOGC4900 · Common areas of difficulty: deemed supplies of goods or services acquired by way of a TOGC
  • VTOGC5300 · Transfers and VAT Groups: Partly exempt VAT group acquiring a business as a going concern
  • VTOGC5400 · Transfers and VAT Groups: how section 44 works
  • VTOGC5500 · Transfers and VAT Groups: when tax is due
  • VTOGC5600 · Transfers and VAT Groups: assets on which tax is not due
  • VTOGC5700 · Transfers and VAT Groups: value
  • VTOGC5800 · Transfers and VAT Groups: reduction in tax due
  • VTOGC5900 · Transfers and VAT Groups: Capital Goods Scheme
  • VTOGC6310 · Land and Property: Notification on or before relevant date: notification of the option to tax
  • VTOGC6320 · Land and Property: Notification on or before relevant date: notification that the disapplication test does not apply
  • VTOGC6330 · Land and Property: Notification on or before relevant date: relevant date
  • VTOGC6340 · Land and Property: Notification on or before relevant date: option to tax: groups
  • VTOGC6410 · Land and Property: Property rental business: general
  • VTOGC6415 · Land and Property: Property rental business: sale of a new building
  • VTOGC6420 · Land and Property: Property rental business: sale of an existing building
  • VTOGC6425 · Land and Property: Property rental business: grant of a lease
  • VTOGC6430 · Land and Property: Property rental business: sale to the existing tenant
  • VTOGC6435 · Land and Property: Property rental business: nominee of seller and purchaser
  • VTOGC6440 · Land and Property: Property rental business: rent free period
  • VTOGC6445 · Land and Property: Property rental business: tenant not in occupation
  • VTOGC6450 · Land and Property: Property rental business: surrender of a lease
  • VTOGC6455 · Land and Property: Property rental business: domestic property
  • VTOGC6460 · Land and Property: Property rental business: minimum occupation
  • VTOGC6465 · Land and Property: Investor in Property
  • VTOGC7300 · Property rental business: Minimum occupation: Examples
  • VTOGC8000 · Annexes
  1. VAT Transfer of a going concern
  2. Land and Property: Notification on or before relevant date: option to tax: groups

VTOGC6340 | Land and Property: Notification on or before relevant date: option to tax: groups

From HM Revenue & Customs · VAT Transfer of a going concern

In relation to this paragraph the transferor (seller) and the transferee (purchaser) also include any relevant associate as defined in paragraph 3 of Schedule 10 VAT Act 1994. This condition is necessary to avoid the artificial movement of the asset between associated companies to get around the VAT grouping and TOGC rules.

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