Lehrer, Fincher Article About 363 Sales Published in Florida Bar Newsletter

Articles / December 11, 2015

Partner John Lehrer and Law Clerk Heather Fincher co-authored an article in the Winter 2015 issue of State-to-State, a newsletter published by the Florida Bar Association Out-of-State Division. The article, “Tax considerations in 363 sales,” analyzes the tax aspects of structuring an asset sale as either a tax-free “G” reorganization under the Internal Revenue Code or a taxable asset acquisition as defined by Section 363 of the Bankruptcy Code, concluding:

The structure of a Section 363 sale can have a material income tax impact for both debtor corporations and purchasers. Accordingly, it is im¬portant that all parties involved in a Section 363 sale carefully consider the income tax consequences of the transaction and purposefully structure the transaction to qualify the transaction as either a taxable sale of assets or a “G” reorganization.

Read the article.