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European cases on TOGC relief

Robert Fais examines how the European Court can unsettle the most established of VAT rules

There are many ‘simplifications’ in tax and not all of them deserve the title. However the application of the VAT relief for business transfers (known in the VAT world as the Transfer of a Business as a Going Concern ‘TOGC’) has been relatively uncontroversial. This may change in the light of the recent European Court case of AB SKF (Case C-29/08).

The simple

Anyone exposed to VAT will quickly realise that it is a tax capable of being applied to anything. Doing something in return for a payment may seem more intuitively taxable than refraining from doing something but they are both potentially VATable transactions.

Because of this VAT is a flexible and cheap to collect tax capable of applying to goods ...

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