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Was the sale of land a transfer of a business or the sale of an asset?

By Andrew Needham, July 2022

This appeal was against a VAT assessment for £17,000,000 after HMRC concluded that the sale of land and property at Teddington Studios, Middlesex was a supply of an asset and not a supply of a business as a transfer of a going concern for VAT purposes. The appellant had opted to tax the site.

In 2013, the appellant made the decision to apply for planning permission to develop the Teddington site into residential use with a view to selling the site with the benefit of planning consent.

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