What’s Tax Have to Do with It?

 

The Tax Advisory Role in Buy-side Transactions

By Michael Williams, BDO Transaction Advisory Services Tax Leader  ​ 

As a strategic buyer, you can run across a multitude of complexities when evaluating a target company for acquisition, which is why the due diligence process is so important. And while tax considerations play a significant role in most transactions, tax due diligence is often overlooked in the due diligence process. That can be a costly mistake. Tax advice on a buy-side transaction serves three primary purposes:

  1. Reduces unexpected costs
  2. Enhances savings
  3. Improves the value of the transaction.

Below are some of the key areas for tax diligence that could impact a buy-side transaction. 

Differences of Asset and Stock Acquisitions

In an asset acquisition, the tax basis a buyer obtains in the target’s assets equals the cash purchase price, plus the target liabilities assumed and certain transaction costs paid by the purchaser. Often, the purchaser obtains a step-up in the tax basis of the target assets. Accelerated tax depreciation may be claimed on fixed assets such as equipment and fixtures. The step-up may produce a tax basis in intangibles and goodwill which often is amortizable straight line over fifteen years.

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