New Publication: Tax Issues in M&A Transactions

Mergers and Acquisitions (“M&A”) transactions are an integral indicator of the health of any economy. While regulatory and commercial considerations are important in shaping M&A activity, tax has long been a key factor governing and guiding the shape of M&A. With global changes in tax law, and paradigm shifts in global and Indian tax policy, the role of tax as a strategic planning tool in India-focused M&A is only expected to increase.

Our research paper on “Tax Issues in M&A Transactions” is a comprehensive summary of the various ways (merger, demerger, slump sale, asset sale etc.) of undertaking an M&A transactions and potential tax (direct and indirect), stamp duty implications of such transactions. Our paper also discusses frequently litigated issues in both domestic and international M&A transactions, implications of cross border merger regulations, indirect transfer provisions, taxation of non-compete payments and ESOPs etc. We discuss the key changes introduced by recent Finance Acts which are likely to have major impact on M&A transactions including key issues to be considered by parties while negotiating tax indemnities.

The paper contains a detailed jurisdictional analysis in relation to suitable jurisdictions for investing in India and the anti-abuse rules to be considered in an M&A transaction including general anti-avoidance provisions.

Please click here to access our paper.

Please do not hesitate to contact us if you have any queries.

For any help or assistance, please email us on ndaconnect@nishithdesai.com.

Do visit us at www.nishithdesai.com.