PROPERTY IN A TOGO POST ROBINSON

摘要

R&C Brief 27/14 provides the long awaited answer to questions HMRC posed to itself in Brief 30/12, in the wake of the decision in Robinson Family (TC02046), which determined that the grant of a lease out of a superior interest for a premium covering the majority of its value was capable of being an asset within a transfer of business as a going concern (TOGC). HMRC conceded in Brief 30/12 that its former policy that only the transfer of the entire asset could be a TOGC had been wrong, except where the property might be trading premises owned by the transferor, in which respect it reserved judgment. It also said it would consider surrenders in this regard.