Land and property transferred as a Transfer of business as a going concern (TOGC) is not liable to VAT, subject to certain conditions. This document covers this in detail, along with the disapplication of the option to tax; transfer of property rental business, mixed properties, beneficial ownership, dwellings, relevant residential and charitable buildings; lease surrender; and retrospective adjustments.
This guidance note provides an overview of the main provisions regarding transfers of land and property as the transfer of a business as a going concern (TOGC). This note should be read in conjunction with the Overview of a transfer of a business as a going concern guidance note which provides an overview of the main TOGC provisions.VTOGC6000; De Voil Indirect Tax Service V2.226 (subscription sensitive); Notice 700/9
See also the Flowchart - transferring land and property as part of a TOGC.
Businesses involved in a TOGC may also wish to use the TOGC - transaction checklist to assist with ensur-ing that all relevant points are covered.
If the TOGC involves a partly exempt VAT group, please see the TOGC's and VAT groups guidance note.