As mentioned at B1.606, several tests have emerged from decided cases that can be broadly applied to determine whether a succession has taken place. Some of these are discussed further below and include:
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•ÌýÌýÌýÌý whether a similar trade has been carried on after the transfer
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•ÌýÌýÌýÌý whether the whole business has been transferred
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•ÌýÌýÌýÌý whether goodwill or other intangible assets are included in the transfer
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•ÌýÌýÌýÌý whether staff are taken over
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•ÌýÌýÌýÌý the treatment on transfer of the stock and debts of the transferor, and
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•ÌýÌýÌýÌý whether there was an interval in the carrying on of the trade as a result of the transfer
Whether similar trade carried on after transfer
The first factor to be considered is the extent to which the possible successor carried on a similar trade after the transfer, because the business after succession need not be identical in every respect to the business carried on before the succession1. Thus in James Shipstone & Sons Ltd2 the taxpayer
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