At the time of company or quota sales, sellers have a tax liability (an obligation to pay income tax),let they be private individuals or companies. In connection with purchasing a company or quota, any duty payment obligations and potential subsequent uses of deferred losses must be examined.
In a previous post, we gave an overview of possible methods of acquisitions (share, asset or division purchase) and the primary business issues arising in case of each of the alternatives. Choosing from these methods, although a business decision, obviously leads to different legal consequences.
If a seller starts negotiations for the sale of its company, the first thing to clarify is what the subject matter and the proposed structure of the transaction is. In this regard, there are generally three basic solutions that should be considered; the options of a share deal, an asset deal or a division transfer.
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