Transfers of going concerns (TOGCs): reallocation of VAT registration number (VAT 68 action): VAT 68
Regulation 6(1)(d) states that the application to transfer the number must be made on a ‘form 3’. ‘Form 3’ is the third page of the VAT 68 and is the only legally prescribed part of the form.
For the good management of the register and the protection of all parties, we require all partners to a transfer of a number to sign the form. However, in the case of a dissolved partnership, where:
- a partner has disappeared or refuses to sign, and
- a remaining partner wishes to retain the number as a sole proprietor
we need not insist on both signatures provided we are satisfied that there has been a change in legal entity.
Under no circumstances should a transfer be made to a partnership without the signatures of all the partners.