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VAT focus: TOGCs and VAT groups

Speed read

The FTT decision in Intelligent Managed Services Ltd appears to be the first reported case to consider whether there can be a transfer of a business as a going concern (TOGC) for VAT purposes where both the transferee/supplier and recipient of the services following the transfer are in the same VAT group. The FTT concluded that TOGC treatment was unavailable, although it is not clear that this is the only possible conclusion. This case has ramifications for structuring, if it is correctly decided, either following any appeal the taxpayer itself makes or that any other taxpayer brings, given that FTT decisions are not binding on other FTT judges.

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