Mergers and Acquisitions (“M&A”) transactions are an integral indicator of the health of any economy. While regulatory and commercial considerations are important in shaping M&A activity, tax has long been a key factor governing and guiding the shape of M&A. With global changes in tax law, and paradigm shifts in global and Indian tax policy, the role of tax as a strategic planning tool in India-focused M&A is only expected to increase.
Our research paper on “Tax Issues in M&A Transactions” is a comprehensive summary of the various ways (merger, demerger, slump sale, asset sale etc.) of undertaking an M&A transactions and potential tax (direct and indirect), stamp duty implications of such transactions. Our paper also discusses frequently litigated issues in both domestic and international M&A transactions, implications of cross border merger regulations, indirect transfer provisions, taxation of non-compete payments and ESOPs etc. We discuss the key changes introduced by recent Finance Acts which are likely to have major impact on M&A transactions including key issues to be considered by parties while negotiating tax indemnities.
The paper contains a detailed jurisdictional analysis in relation to suitable jurisdictions for investing in India and the anti-abuse rules to be considered in an M&A transaction including general anti-avoidance provisions.
Mergers and Acquisitions (“M&A”) transactions are an integral indicator of the health of any economy. While regulatory and commercial considerations are important in shaping M&A activity, tax has long been a key factor governing and guiding the shape of M&A. With global changes in tax law, and paradigm shifts in global and Indian tax policy, the role of tax as a strategic planning tool in India-focused M&A is only expected to increase.
Our research paper on “Tax Issues in M&A Transactions” is a comprehensive summary of the various ways (merger, demerger, slump sale, asset sale etc.) of undertaking an M&A transactions and potential tax (direct and indirect), stamp duty implications of such transactions. Our paper also discusses frequently litigated issues in both domestic and international M&A transactions, implications of cross border merger regulations, indirect transfer provisions, taxation of non-compete payments and ESOPs etc. We discuss the key changes introduced by recent Finance Acts which are likely to have major impact on M&A transactions including key issues to be considered by parties while negotiating tax indemnities.
The paper contains a detailed jurisdictional analysis in relation to suitable jurisdictions for investing in India and the anti-abuse rules to be considered in an M&A transaction including general anti-avoidance provisions.
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