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The tax agenda for December 2012

December is not just about the Autumn Statement. Nigel Neville examines other key issues for advisers to consider this month.

TOGC or not TOGC there may be a VAT and SDLT refund

HMRC has confirmed it will not appeal the First-tier Tribunal decision in Robinson Family Ltd (TC0246) where the tribunal held that a transfer of a going concern (TOGC) had taken place even though the taxpayer had transferred only part of the property used in its business. Robinson had held a head-lease of 125 years and granted a sub-lease of 125 years less 3 days. HMRC’s argument was that Robinson could not have transferred all or part of its business as a going concern because it did not assign the full lease term to the purchaser.

HMRC now...

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