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Regulations¹ made under VATA 1994, s 49 provide that, where a business (or part of a business²) is transferred as a going concern ('TOGC'), from the date of the transfer, HMRC may be asked (using form VAT68) to cancel the transferor's registration and register the transferee with the registration number previously allocated to the transferor.

On the transfer of the business, it is a condition that the transferor's registration should be cancelled and has not already been cancelled³. It is also a condition that, on the transfer of the business, either⁴:

1. Ìý

   •ÌýÌýÌýÌý the transferee becomes liable to be registered (see V2.137 and V2.158)⁵, or

2. Ìý

   •ÌýÌýÌýÌý HMRC agrees to register it (see V2.144 and V2.146)⁶

Although not a legal condition, HMRC takes the view that the transferor must have no VAT debt for the VAT68 procedure to apply. This includes amounts declared (both due or not yet due), penalties and other applied charges⁷.

An application