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338(h)(10) elections and foreign (non-US) companies

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I had a question re the 338(h)(10): is that something that only can be elected if both target and acquirer are US domiciled companies, or can a foreign buyer and/or foreign target do a 338(h)(10), as well?

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by Guest 1.

added 10 years ago

RE: 338(h)(10) elections and foreign (non-US) companies

If a foreign corporation is a "qualifying foreign purchasing corporation" (see requirements under Treasury Regulation 1.338-2) and the target is a "qualifying foreign target", a Section 338 election can be made. Of course, it's only applicable to the extent that the Parent and/or target are subject ... Read More

by WST Expert 1.

added 10 years ago

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