For C corporation stock acquisitions
, the tax year will generally terminate if the target is joining a new consolidated tax filing.
When this is coupled with the ability to treat stock acquisitions
as asset purchases under federal tax law, a basis step-up is achieved.
Intangible assets acquired in taxable asset acquisitions and taxable stock acquisitions
with a [section]338 election would be considered intangible assets under IRC [section]197, "Amortization of goodwill and certain other intangibles." These assets include many of those considered to be indefinite-lived intangible assets for financial accounting purposes, including goodwill, trademarks, and franchises.
[section] 1.263(a)-5 regarding the tax treatment of transaction costs capitalized in connection with tax-free acquisitive transactions, as well as costs capitalized by a target in connection with taxable stock acquisitions
. Notice 2004-18 suggests that this guidance is under development, but given that the capitalization requirement is already in place, the need for amortization guidance is immediate.
Notably absent from this angel list are differences attributable to the use of "purchase" accounting in stock acquisitions
for which an election is not made (trader I.R.C.
In its statement, PGE said the shareholders pact commits the parties to complete agreements for the PGE EJ1 stock acquisitions
subject to competition regulatory approval and adoption of the Polish nuclear energy programme in 2013 via a resolution of the Council of Ministers.
The First Circuit rejected Recovery's argument that section 197(d)(1)(E) applies only to stock acquisitions
1.338(h)(10)-1T, effective for stock acquisitions
occurring after July 8, 2003.
Given the plethora of the stock acquisitions
in the 1990s and subsequent corporate re structurings and reorganizations, the review could be anything but innocuous.