Completely Confidential
1-949-863-1700

HOME | ABOUT US | SERVICES | ARTICLES | NEWSLETTERS | FAQ | REFERENCES | CONTACT US

Roger L. Neu

 

Newsletters

Free Guide

Taxes

Question: What is a Section 338(h)(10) election?

A purchaser may want to make a Section 338(h)(10) election if the purchaser buys the corporation’s stock, but wants to treat the transaction as a purchase of assets for tax purposes. Seller would generally object to this election and this treatment because Seller could incur double tax if Seller is a “C” corporation or in the case of an “S” corporation Seller could incur the additional taxes noted in question 21 above. The Section 338(h)(10) is only viable in very limited circumstances under existing tax law.


HOME | ABOUT US | SERVICES | ARTICLES | NEWSLETTERS | FAQ | REFERENCES | FREE GUIDE | CONTACT US

© Copyright 2014 Roger L. Neu All Rights Reserved

Website By AdMarsh, Inc.