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Current taxation issues in M&A paper

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Published on 30 Oct 12 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

The acquisition or divestment of an entity (or a group of entities) can potentially give rise to income tax issues spanning almost the entire gambit of the income tax legislation. This paper provides an overview of a number of current taxation issues in M&A, with a focus on:

  • acquisition structuring issues (i.e. debt / equity mix, and other structuring considerations)
  • some recently noted acquisition diligence issues (such as availability of clear exits, RTFI, and employment taxes)
  • transaction documentation (including a discussion of industry best practice in relation to taxation warranties and indemnities).

Author profiles

Joshua Cardwell CTA
Photo of author, Joshua CARDWELL Josh Cardwell, Joshua Cardwell CTA, joined PwC in 2013 as the Head of Real Estate Tax. Prior to joining PwC, Josh was a Director and Head of M&A at Greenwoods & Freehills and was previously a Partner at Deloitte. Josh has over 23 years taxation experience with a focus on the real estate funds sector and has been involved in many iconic transactions across industries. His current practice is primarily focussed on inbound, outbound and domestic real estate clients, including providing advice related to fund establishments, distribution matters, stapled structures and other matters specific to listed and unlisted property groups. Josh is a long standing member of the Property Council of Australia's Income Tax Committee, holds a Master of Taxation from the University of Sydney, a Bachelor of Business from the University of Technology Sydney, is a Chartered Accountant, Tax Agent and a Chartered Tax Adviser. - Current at 12 February 2019
Click here to expand/collapse more articles by Joshua CARDWELL.
Andrew Sharp
Andrew is a Partner in the Transaction Tax team at EY, focused on M&A, as well as fund establishment and design. Andrew has over 14 years’ experience advising domestic fund managers on the raising of funds, as well as assisting foreign and domestic investors on the tax implications of transacting in Australia. - Current at 11 February 2021
Click here to expand/collapse more articles by Andrew SHARP.

 

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