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Commentary

Transfer of a business as a going concern (Netherlands)

33 Netherlands

The Netherlands has implemented the provisions of Article 19 of the VAT Directive to enable the transfer of all or part of a business to be treated as not being a supply of goods for VAT purposes.

These provisions are known as the 'Overdracht algemeenheid van goederen' provisions (transfer of going concern provisions, hereafter 'TOGC').

The main features of TOGC treatment are as follows:

  1. Ìý

    •ÌýÌýÌýÌý If the relevant conditions are fulfilled (see below) TOGC treatment applies automatically.

  2. Ìý

    •ÌýÌýÌýÌý The effect of TOGC treatment is to enable the transfer of business

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