Practitioners Beware: Corporate Transactions a Tax Minefield


Arthur Rosen told a SALT conference at Georgetown University Law Center that, regarding state taxes in M&A transactions “The hardest part is figuring out all the transactions that must take place in order to pull off the larger deal” and determining “technically what they are.” Alysse McLoughlin agreed, noting that to determine all the state rules regarding net operating losses may require focusing on the materiality states and taking reasonable positions in states where there’s no guidance.