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How to SMS Reorganization Agreement

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in this video were going to discuss the seven different types of tax-free reorganizations that are listed under section 368 of the US tax code so lets start with a taipei reorganization first off its called taipei because its under section 368 a 1 a and a type b reorganization would be section 368 a 1b and so forth so type a is an acquisitive reorganization but what does that mean for b acquisitive well basically a quiz ative means that youve got so the acquiring corporation here lets say thats you and then youve got a target corporation that you want to acquire so what youre gonna do is youre going to transfer youre going to transfer some assets and some of your voting stock some voting stock in exchange for the targets stock right so youre gonna exchange that first to the target stock now this is in contrast to a divisive so youll hear the term divisive reorganization where the acquiring firm will actually end up creating a second corporation and then transferring some

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What is the purpose of an F reorganization?

F Reorganizations let buyers in MA transactions gain an advantage on the tax basis of the corporations assets without relying on it to keep its S corporation status. They also make rollover transactions more efficient while letting investors invest in the companys future growth.

Is a name change an F reorganization?

Section 368(a)(1)(F) defines this type of reorganization as a mere change in identity, form, or place of organization of one corporation, however effected. This section prevents tax liability upon certain common changes in a business, including changes in a corporate name, reincorporation of a business in a new state

What is the benefit of an F reorganization to a seller?

But the F-organization allows the selling shareholders to defer tax on the portion rolled over. Furthermore, an F-reorganization is particularly beneficial in private equity transactions where the buyer (typically an LLC) seeks to acquire an S corporation.

What is an f reorganization?

An F-reorganization is a type of typically tax-free reorganizational structure that often involves a target company taxed as an S-corporation. The F-reorganization is so named because it involves a change in form of the target, while not changing the substance of the target for tax purposes.

What is a gain recognition agreement?

A GRA is an agreement pursuant to which a US transferor agrees to recognize gain if the transferee foreign corporation disposes of the transferred stock or securities during the term of the GRA and to pay interest on any additional tax owing if a so-called triggering event occurs.

What is a reorganization agreement?

Reorganization Agreement means any contract, agreement, arrangement, commitment, understanding, instrument, loan note, security, transfer document, or other document executed or presented for the purposes of, in relation to or arising from, the implementation of the Plan of Reorganization.

What are final F reorganization regulations?

The final regulations allow the resulting corporation to issue a de minimis amount of stock to satisfy corporate law requirements the state of incorporation. The corporation is also permitted to recapitalize its stock, redeem stock or make distributions to shareholders in conjunction with the F reorganization.

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