Commentary

BB/26B/98 VAT groups and transfers of going concerns (TOGCs)

Part V16 Forms and other HMRC material

BB/26B/98 VAT groups and transfers of going concerns (TOGCs)

BB/26B/98 VAT groups and transfers of going concerns (TOGCs)

Business Brief, Issue 26. 18 December 1998

This Business Brief clarifies Customs' policy on whether there can be a transfer of a property rental business as a going concern where the landlord and the tenant or the purchaser and the tenant are members of the same VAT group.

Background

In C & E Comrs v Kingfisher plc [1994] STC 19 [Part V10] the High Court found that members of a VAT group are to be considered a single taxable person for VAT purposes. The status of individual members of VAT groups has also been recently considered by the House of Lords in C & E Comrs v Thorn Materials Supply Ltd and Thorn

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