This course reviews federal income US tax considerations affecting owners of and lenders to troubled businesses. We start with a discussion of rules concerning debt restructurings, and their implications to lenders and borrowers. We review considerations concerning the protection of valuable tax attributes, such as net operating loss carryovers. We then cover approaches for harvesting tax benefits for losses on entities and investments. We then describe certain hazards that can arise in capitalizing on a troubled entity. Finally, we discuss potential personal liability to management and other responsible persons for “trust fund” taxes.
The course is designed for accountants, managers, financial professionals, investors, CFOs, and other professionals who operate, invest in, or otherwise are affected by, businesses and investments in financial distress.
Learning Objectives
- Explore and learn common approaches to debt restructurings and modifications and their tax implications.
- Discover and understand US tax rules affecting net operating losses, restrictions on their usage, and considerations regarding loss management and planning under current tax rules.
- Identify ways of harvesting tax benefits for losses on business assets and investments.
- Discover and understand pitfalls that can apply in capitalizing companies that have become subject to financial distress.
- Explore and learn about potential pitfalls concerning personal liability for withheld employment taxes by troubled entities.
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Prerequisites
Fundamental knowledge of common tax, business, and legal terms.