VPDS051100 - Vaping Products Duty and Vaping Duty Stamps: Approvals - general: Transfer Of a Going Concern (TOGC): Legal position

Approvals cannot be assigned, marketed, or transferred between legal entities. This principle was confirmed by:

  • Court of Appeal in New London College Ltd v SSHD [2012] EWCA Civ 51.
  • First Tier Tribunal in Safe Cellars Ltd v HMRC [2017] UKFTT 78 (TC).

Guidance on TOGC can be found in the VAT Transfer of a going concern and Registration and approval: transfer of a going concern manuals.