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Current VAT Treatment of a TOGC

Peter Jenkins looks at the way the TOGC rules are interpreted by HMRC and questions whether this is in line with the ECJ judgment in Zita Modes Sarl Case C-497/01
The provision in Article 19 second paragraph of the recast VAT Directive (formerly Article 5(8) of the Sixth Directive) is discretionary for Member States but once they have adopted it its use is mandatory and it must be interpreted in line with Community law rather than concepts of national law. The recast provision reads as follows:
'In the event of a transfer whether for consideration or not as a contribution to a company of a totality of assets or part thereof Member States may consider that no supply of goods is taking place and that...

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