Transfer of a business -Insights from EU, Belgium, Italy, the Netherlands, UK

The qualification of a transaction as a “normal” supply of goods — as such relevant for VAT purposes — or as a transfer of a business or a going concern — out of VAT scope — is still a topic to consider. Over time, a considerable number of case laws on such topic have provided guidelines that have not always been persuasive and sometimes even inconsistent, and that, in many cases, have been influenced by contexts with elements of fraud. Moreover, in the Italian framework, many case laws have been affected both by the civil law rules and by the so-called alternativity rule between VAT and registration tax (i.e., one transaction cannot be subject to both taxes).

Source Baker & McKenzie

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