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US Treasury Issues Regulations On Insolvent Reorganizations

by Glen Shapiro, LawAndTax-News.com, New York

11 March 2005

The US Treasury Department and the Internal Revenue Service on Wednesday announced that proposed regulations had been issued regarding the circumstances in which an insolvent corporation may engage in a tax-free reorganization.

The regulations generally provide that a transaction can qualify as a tax-free asset reorganization only if the target corporation transfers property with net value to the acquiring corporation.

Similar rules for tax-free stock reorganizations, tax-free liquidations, and tax-free incorporations are also outlined in the new rules.

Comments are invited on the proposed regulations for a 90 day period following their publication in the federal register.

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