Greg Sinfield and Lee Squires provide this month's briefing on the VAT developments that matter, including the Christel Schriever case regarding TOGCs and the Rank decision regarding fiscal neutrality.
Finanzamt Lüdenscheid v Christel Schriever (Case C-444/10) was a decision of the ECJ on what is and is not required for a transfer to be a TOGC. Ms Schriever ran a sports equipment shop until she transferred the stock and fittings to Sport S and also leased the shop premises to the company for an indefinite period with a right of either party to terminate on six months’ notice. The German tax authority decided that the sale of stock and fittings was not a TOGC because business premises were an essential element of the business and they had not been sold to Sport S.
The ECJ held that as a general rule a retail business...
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Greg Sinfield and Lee Squires provide this month's briefing on the VAT developments that matter, including the Christel Schriever case regarding TOGCs and the Rank decision regarding fiscal neutrality.
Finanzamt Lüdenscheid v Christel Schriever (Case C-444/10) was a decision of the ECJ on what is and is not required for a transfer to be a TOGC. Ms Schriever ran a sports equipment shop until she transferred the stock and fittings to Sport S and also leased the shop premises to the company for an indefinite period with a right of either party to terminate on six months’ notice. The German tax authority decided that the sale of stock and fittings was not a TOGC because business premises were an essential element of the business and they had not been sold to Sport S.
The ECJ held that as a general rule a retail business...
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:
