Q&As

Can a tenancy at will be a transfer of a going concern (TOGC)?

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Published on LexisPSL on 17/05/2019

The following Tax Q&A provides comprehensive and up to date legal information covering:

  • Can a tenancy at will be a transfer of a going concern (TOGC)?

Can a tenancy at will be a transfer of a going concern (TOGC)?

A TOGC is a ‘transfer of a going concern’. In order for there to be a TOGC, there must be the sale of a business (ie the sale of assets bundled together). If the sale of a business is treated as a TOGC, it is treated as neither a supply of goods nor a supply of services and therefore outside the scope of value added tax (VAT). No VAT is then chargeable on the sale.

In order to be a TOGC, the sale of the business must meet certain conditions. For further information on the conditions, see Practice Note: VAT—what is a transfer of a business as a going concern?

In respect of a property-letting business, the

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