Transfers of going concerns (TOGCs): reallocation of VAT registration number (VAT 68 action): conditions of reallocation
The following conditions should be met as both a matter of law and policy before reallocation can be allowed.
- A TOGC must have taken place.
- A VAT 68 must have been completed correctly by all parties.
- The transferor must not have already deregistered.
- The transferee must not already be registered.
- Where the transferor is a corporate body, it must not have been dissolved before the VAT 68 was signed.
- A group registration must not be involved.
- The transferor must be neither liable nor eligible to remain VAT-registered following the transfer.
- The transferor must not be the subject of a Notice of Direction in respect of disaggregation.
- Any centrally-raised assessment notified to the transferor covering periods before the date of transfer must be paid. This is because the transferee has not been given the opportunity to submit returns in his own right and the assessments are in the name of the transferor.
- Any officer’s assessment assessed, or due to be assessed, against the transferor, or any voluntary disclosure made by the transferor, must be paid with no indication of an appeal.
- Any penalty (including Default Surcharge) incurred by the transferor under VAT Act 1994, sections 59 to 70 for periods prior to the date of transfer must have been paid, with no indication of an appeal. This includes penalties incurred but not yet raised on the VISION ledger.
- Any interest incurred by the transferor under VAT Act 1994, section 74 for periods prior to the date of transfer must have been paid with no indication of an appeal. This includes accrued interest due but not yet raised on the VISION ledger.
No civil penalty has been or is intended to be imposed on the transferor under the following sections of the VAT Act 1994:
- Section 60 - evasion
- Section 68 - breach of Walking Possession
- Section 69 - breach of Regulatory Provisions.
- In the case of a Section 67 penalty, the penalty has been paid.