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HMRC internal manual

VAT Registration

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Appendix: specimen direction - retention of records on TOGC

To ………………….

………………………

………………………

DIRECTION by the Commissioners of HM Revenue & Customs under the VAT Act 1994, section 49(l)(b).

The business previously carried on by [name1] of [address1] has been transferred as a going concern to [name2] of [address2].

At the request of [name1], the Commissioners of HM Revenue & Customs direct that the records to be preserved in accordance with any Regulations made under the VAT Act 1994, Schedule 11, paragraph 6, shall, notwithstanding the said transfer to [name2], be preserved by [name1]..

In making this direction, the Commissioners expect that [name1] will provide [name2] with such information contained in those records that will allow [name2] to comply with his duties under the VAT Act 1994, for example, to determine his liability to register for VAT.

The Commissioners further expect [name1] to make the said records available for inspection and extraction of further relevant information by [name2] for the duration of the period of preservation required by law.

Signed…………

Officer of HM Revenue & Customs

Date…………… 

Notes:

name1 and address1 relate to the transferor

name2 and address2 relate to the transferee