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Final regs. issued on corporate reorganizations.
- Article from:
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The Tax Adviser
- Article date:
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January 1, 2008
- Author:
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The IRS has issued final regulations (TD 9361), effective October 25, 2007, that provide guidance regarding the effect of certain transfers of assets or stock on the continuing qualification of transactions as reorganizations under Sec. 368(a). The regulations also provide guidance on the continuity-of-business-enterprise requirement and the definitions of "qualified group" and "party to a reorganization."
Sec. 368 affords various types of reorganizations tax-free treatment. The theory underlying this treatment is that such transactions "effect only a readjustment of continuing interest in property under modified corporate forms" (Regs. Sec. 1.368-1(b)). This principle is ...