Mergers and acquistions in a post-consolidation world presentation

Published on 16 Feb 06 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This presentation examines the following topical issues affecting M & A transactions involving tax consolidated groups:

• the effect of an SBT ceiling on the ability of a bidder to acquire the carry-forward losses of a target entity
• the effect of an SBT ceiling on the ability of a bidder to claim bad debt deductions for debts "inherited" from a target entity
• the characterisation of the sale of membership interests in subsidiary members, particulary in having regard to the quantum of capital losses currently existing in the tax system
• whether a consolidated group will be denied a loss on the sale of a loss-making subsidiary member , if the subsidiary member is sold to another consolidated group

Author profile

Martin Fry FTI

Martin Fry, FTI, is the Practice Leader of the Allens Tax Group. Martin represented the taxpayer in Shell Energy v Commissioner of Taxation before the Federal Court, Full Federal Court and High Court. With over 20 years as a Partner of Allens, Martin advises corporations on a broad range of tax issues across a wide range of sectors, including resources, infrastructure, financial services and IP-intensive businesses. Martin has extensive experience in contentious matters, including audits, settlement negotiations, mutual agreement procedure and litigation. Martin has taught Corporate Tax at a postgraduate level at the University of Melbourne. - Current at 28 September 2022

More by Martin FRY

• Shell Energy - What does this case mean for Exploration in an Income Tax and PRRT context? paper - 10-November-2022
• Commercial rationality: why does it matter and how do I prove it? paper - 25-August-2022
• A new phase in transfer pricing dispute resolution in Australia paper - 09-September-2021
• Baseball playbook - MLI, MAP and mandatory binding arbitration paper - 11-November-2020
• What's new for tax losses? paper - 26-October-2016
• Securitised lease/licence arrangements paper - 28-May-2015
• Financing resource projects paper - 15-October-2014
• Expanding TARP to capture goodwill and mining information - 01-October-2013
• Expenditure on exploration or prospecting paper - 25-October-2010
• Company losses - An old issue for a new era paper - 05-March-2010
• Hybrid financial instruments: Classifying hybrid instruments under the debt/equity rules and related issues paper - 09-October-2009
• Classifying hybrid instruments under the debt/equity rules and related issues paper - 09-October-2009
• Corporate financing paper 19112009 - 09-October-2009
• Recouping tax losses under Division 166 paper - 27-May-2009
• Current issues facing corporates in interpreting the debt equity rules in a cross border context paper - 02-November-2007
• Mergers and acquisitions in a post-consolidation world paper - 16-February-2006
• Debt/equity: comments on recent developments, overseas experiences and Section 974-80 paper - 17-November-2005
• Consolidation: focussing on the formation tax return seminar paper - 28-October-2004
• Recent developments in tax losses for companies convention paper - 09-September-2004
• Mergers and Acquisitions - Some Current Issues convention paper - 12-September-2003
• Exit demerger tax relief - 12-December-2002
• Simplified imputation - case studies - 12-September-2002
• Capital management - 21-June-2002
• Workshop three: capital allowances - 23-February-2001
• Loss and Integrity Measures - 21-November-2000
• Loss and integrity measures - 07-September-2000
• Loss and integrity measures - 20-June-2000

Click here to expand/collapse more articles by Martin FRY.