Answering your
legal questions
Question

What Is A Going Concern?

Answer

Put simply, a going concern is an assumption that a company can satisfy its financial commitments and does not appear to be at risk of bankruptcy, liquidation, or descaling its operations. Often this time period where a company is not at risk of not being able to maintain its financial commitments is a minimum of 12 months.

Why Is Knowing If A Company Is ‘A Going Concern’ Important?

Accountants use the term ‘going concern’. Where a status of going concern is not certain, a company must disclose this in their financial statements. Therefore, the status of whether a company is a going concern influences how financial reporting documents are prepared.

Whether a company is a going concern or not is also a form of valuating a business, and impacts investor and creditor confidence.

How Is This Relevant For Buying Or Selling Businesses?

When a business is sold, it can be sold as ‘a going concern’ or not. If a business is sold as a going concern, then as well as for example assets, intellectual property and a lease being sold, everything else needed to keep the business running would also make part of the sale.

Where a business is sold as a going concern, the business needs to be run by the purchaser right until the day of settlement.

Buying a business as a going concern is often desirable for tax reasons. Importantly, when buying a business that is a going concern, the purchase can be VAT free. In order for the sale to be VAT free the following must be met,

  • the sale is paid for,
  • the purchaser must be registered or already is registered for VAT,
  • both parties have agreed in their contract that the sale is of a going concern
Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.

Have a Question?
Ask Us!

Enter your details to get started

  • This field is for validation purposes and should be left unchanged.

* Proceeding confirms you agree to our Privacy Policy

Your legals made easy

ENQUIRE NOW CALL US 08081347754
Top
×

Hi there!

You're visiting Sprintlaw . Would you like to switch to Sprintlaw ?

YES, TAKE ME TO THE SITE NO, STAY ON SITE