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ARTICLE · 31 MARCH 2013

VAT And Property: Change In TOGC Rules

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Revenue and Customs Brief 30/12 details a change of HMRC policy in the wake of the decision in Robinson Family Limited.

United KingdomTax
Graham Elliott
Graham Elliott
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HMRC's changed position

Revenue and Customs Brief 30/12 details a change of HMRC policy in the wake of the decision in Robinson Family Limited (TC2046). This relates to the ostensible requirement for a seller to transfer all of his interest in any given property in order for the property transfer to be covered by the TOGC rules. This case established that this criterion was unnecessary. Robinson Family Limited granted a sublease, for a premium, for a period just three days shorter than the remaining time of their lease. The Tribunal regarded this as sufficient to have transferred the asset as part of the business.

HMRC has decided not to appeal, and will accept that the effective transfer of the asset can be regarded as a TOGC even if a small proportion of the interest is retained, such as in the granting of a lease from a freehold, or the granting of a sublease from a lease. For the time being they appear to restrict this treatment to property investment

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