Net operating losses, other tax attributes and insolvency proceedings
Are net operating losses, tax credits or other types of deferred tax asset subject to any limitations after a change of control of the target or in any other circumstances? If not, are there techniques for preserving them? Are acquisitions or reorganisations of bankrupt or insolvent companies subject to any special rules or tax regimes?
Does an acquisition company get interest relief for borrowings to acquire the target? Are there restrictions on deductibility where the lender is foreign, a related party, or both? Can withholding taxes on interest payments be easily avoided? Is debt pushdown easily achieved? In particular, are there capitalisation rules that prevent the pushdown of excessive debt?
Protections for acquisitions
What forms of protection are generally sought for stock and business asset acquisitions? How are they documented? How are any payments made following a claim under a warranty or indemnity treated from a tax perspective? Are they subject to withholding taxes or taxable in the hands of the recipient?
Bustamante & Bustamante is a law firm of national and international standing with one of the most reputable legal practices in Ecuador. Due to our reputation for integrity, professionalism and superior service, we have been able to advise national and multinational corporations, financial institutions and governmental organisations from countries, such as the United States, China, England, Canada and Italy, for 60 years now.
View more information about Bustamante & Bustamante
QuitoAv Patria E4-69 y Amazonas
Edif. Cofiec | Quito
Ecuador T: +593 2 256 2680 / +593 2 256 2681 / +593 2 256 2714
F: +593 2 256 4069 / +593 2 256 4628
We have received instruction from foreign counsel recently who found us through the publication
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