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Section 338h10 election - Study guides, Class notes & Summaries

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Series 79 (M+A, Tender Offers, and Financial Restructuring) || with 100% Correct Answers.

  • Series 79 (M+A, Tender Offers, and Financial Restructuring) || with 100% Correct Answers.

  • Exam (elaborations) • 10 pages • 2024
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    • Section 338(h)(10) Election correct answers - Refers to part of the tax code which allows a stock sale to be treated as an asset sale for tax purposes --> Debtor or trustee files w/ court --> BUYER BENEFITS by being able to increase the value of the target's assets to their fair value rather than using their book value (purchaser will pay lower tax when assets are sold) - Seller pays tax on the difference b/t book value and fair value of assets --> SELLER USUALLY DEMANDS A PREMIUM ...
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