Tag Archives: M&A

Preparing your Company for Sale: Key Value Enhancing Strategies

GovConnects Continuing Education Series For many entrepreneurs, the ownership stake in the business represents their most significant personal asset. Business owners spend significant time and effort managing and growing their businesses. Often times, however, when it comes to selling the company, emotional attachments and lack of focus can hinder the process, and sometimes kill a deal. […]

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The Perfect Pre-Merger Complement to an S Corporation Asset Sale

There are a variety of reasons that a business owner may want to sell their company, but there are a lot of tax pitfalls – compounded with non-tax hurdles – that complicate timing, flexibility, and other critical factors that affect the overall success of closing an equitable deal. As part of developing an overall exit […]

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Understanding Financial Reporting Risks in Tech M&A Transactions

Financial reporting risks can be a key consideration in tech M&A transactions. If the target’s financial reporting demonstrates a lower level of quality than the acquirer’s, challenges (and purchase price reductions or worse) may ensue. Even when the target’s financial reporting is of a high quality, it is important not to overlook the degree of […]

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Choosing the Right Transaction Structure for S Corporation Acquisitions

One unique aspect of acquisitions involving S Corporation targets is the availability of a Section 338(h)(10) election under the Internal Revenue Code. A 338(h)(10) election allows an acquirer of S Corporation shares to treat the transaction as the acquisition of assets, for federal income tax reporting purposes. This gives the acquirer a “step-up in basis” […]

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Tax and Your Exit Strategy: Don’t Be Penny Wise and Pound Foolish

Determining the most optimal tax structure to operate your current business enterprise depends on many factors such as the current life cycle of your business model, outside investor requirements, licensing issues, tax matters, financial constraints, bankruptcy considerations, and your exit strategy. If asked to rank the importance of the listed factors, your exit strategy and […]

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