Perhaps the most significant difference in approach relates to the way in which contingent liabilities assumed in a business combination are reported.
The independence of a fairness or solvency opinion provider is a critical issue that will not be overlooked by regulators or minority shareholders.
By employing a cost segregation study, a significant portion of a property may be reclassified to a shorter life category.
When a company embarks on an international restructuring, it is extremely important to consider the impact of Section 367.
When valuation is important for tax purposes, breakdown by legal entity is key since each has its own tax identity and related tax consequences.
In the case of a U.S. acquisition of a foreign target, it was oftentimes beneficial to make a Section 338(g) election.
Many companies have already adopted FIN 48 and have turned their attention to the annual disclosure requirements.
The impact of the investor model is that it essentially guarantees a return to the intangibles developer for its efforts.
In general, the impact of a Sec. 338 election is that a stock acquisition is treated as an asset acquisition.
Obtaining a valuation from an independent valuation provider is essential to proving that the security has no liquidating value.