Check Your Timing: Tax Traps for the Unwary in Acquisition A

Check Your Timing: Tax Traps for the Unwary in Acquisition Agreements | Alston & Bird


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Even one day of unanticipated tax liabilities can have meaningful consequences. Our Federal Tax Group turns your attention to the little-regarded – but still important – straddle-period provisions in acquisition agreements.
The “interim closing of the books” vs. “proration” approaches
Avoiding a one-day disparity between straddle-period accruals for taxes and everything else
Special rules for S corporation terminations
Certain tax covenants in M&A agreements sometimes get less attention than they should. And the coordination among tax and other financial accounting methodologies in key economic provisions in M&A agreements can often be overlooked. Preparation of tax returns, payment of taxes, control and participation in tax controversies, tax treatment, and purchase price allocation often (and understandably) garner the most attention. Straddle period tax allocations typically receive somewhat less attention and are often perceived as boilerplate.

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