Obtaining a Higher Tax Basis : A Post Tax Reform Review

When a business is acquired, a buyer may structure the acquisition in a manner that results in an increase in the tax basis of that business’s assets. In some cases, a seller will attempt to extract a higher price or a buyer will offer a higher price, based on the purported value of this tax basis to a buyer. In this article, partner Joshua Milgruim describes some of the basic requirements related to obtaining this increase in tax basis and focuses on how the value of this benefit can be analyzed, including certain factors that may unexpectedly impact that analysis.

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