Transfer of a business as a going concern (France)

18 France
Commentary

France has implemented the provisions of Article 19 of the Principal VAT Directive to enable the transfer of all or part of a business to be treated as not being a supply of goods for VAT purposes.

These provisions are known as the 'transfer of going concern' provisions or TOGC.

The main features of TOGC treatment are as follows:

  1.  

    •     If the relevant conditions are fulfilled (see below), TOGC treatment applies automatically.

  2.  

    •     The effect of TOGC treatment is to enable the transfer of business assets to be made without VAT applying

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