The tax agenda for December 2012

TOGC or not TOGC there may be a VAT and SDLT refund

HMRC has confirmed it will not appeal the First-tier Tribunal decision in Robinson Family Ltd (TC0246) where the tribunal held that a transfer of a going concern (TOGC) had taken place even though the taxpayer had transferred only part of the property used in its business. Robinson had held a head-lease of 125 years and granted a sub-lease of 125 years less 3 days. HMRC’s argument was that Robinson could not have transferred all or part of its business as a going concern because it did not assign the full lease term to the purchaser.

HMRC now accepts...