LON (88/968)

No. 4369

Decision given 4 December 1989.

Transfer of a business as a going concern – Whether input tax incurred on transfer recoverable because appellant transferee neither registered nor liable to be registered for two months after transfer – Value Added Tax (Special Provisions) Order 1981, art. 12.

  The issue was whether the fact that the appellant was neither registered nor liable to be registered for VAT for two months after the transfer of a business to her as a going concern precluded the Value Added Tax (Special Provisions) Order 1981, art. 12 from preventing her from recovering certain input tax incurred on the transfer.

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