Market leading insight for tax experts
View online issue

Robert Cross v HMRC

TOGCs and Fleming claims

In Robert Cross v HMRC [2014] UKFTT 907 – 19 September 2014 the FTT found that the right to a VAT refund had passed to the transferee under a transfer of a business as a going concern (TOGC).

Robert Cross had been retailing cars as a sole trader since 1977 when he decided to incorporate his business by transferring it as a going concern to a newly incorporated company in 1985. He applied for the relocation of his VAT registration number to the company.

In March 2009 he claimed repayment of VAT wrongly paid (VATA 1994 s 80(1)) in relation to demonstrator rental and courtesy vehicles covering the period from 1981 to incorporation. A separate claim was lodged for the company for the period 1985 onwards.

HMRC rejected the claim as sole proprietor for the period 1981 to 1985 on the...

If you or your firm subscribes to Taxjournal.com, please click the login box below:

If you do not subscribe but are a registered user, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this article in full.
Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.
EDITOR'S PICKstar
Top