On 19 September 2014 the First-tier Tribunal2 held that on a transfer of a business as a going concern (TOGC), the right to reclaim overpaid VAT passes to the transferee. This is so even if the right to reclaim arises after the business transfer, but in respect of periods prior to the transfer. It should be noted that on the facts of this particular case, the transferor and transferee agreed that the transferor’s VAT registration number would pass to the transferee.

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