Installment reporting is available for the deemed asset sale under a §338(h)(10)

Under the installment method, if a seller of property receives a note providing for

IRC 338(h)(10) - Elective Recognition of Gain or Loss by Target Corporation. IRC

deemed asset sale provisions of Code sections 338(h)(10) and the installment

Built-in gains tax planning • Stock, asset and installment sales • IRC Section 338(

This article focuses on the use of the installment method of reporting in

joint election under section 338(h)(10) to treat the sale of T stock as if T sold all of

Sep 15, 2010 . Income from installment obligations under IRC section 453(h)(1)(A) . sale as a

Aug 23, 2010 . Advantages and Disadvantages of Installment Sale Method to Seller . . Purchase

Apr 1, 2006 . This election is found under Section 338(h)(10) of the Internal . if the sale is an

S Corp Target shareholders must consent to 338(h)(10) election. ∎. Sellers may

Regulations promulgated pursuant to IRC § 338(h)(10) allow the parties to a . ..

Sep 1, 2008 . 1.338(h)(10)-1(d)(8) outlines the installment sale treatment for Sec. 338(h)(10)

Jun 27, 2011 . Regulations endorse the use of the installment sale method for section 338(h)(10

A section 338(h)(10) election may be made for T if P acquires stock meeting the

Nov 12, 2010 . 338(h)(10)' Election .(continued). • Issues: - Assuming the earnout otherwise is

before its sale, exchange or other disposition, the gain or . .. “deemed sale” of

gain on an installment basis so long as: • seller is a . In an installment sale,

sale rather than a stock sale under I.R.C. § 338(h)(10) (the “section 338(h)(10) .

Jan 1, 2000 . New Installment Sale Rules Hit Accrual Taxpayers: GT Prepared to Launch .

2 Section 338(h)(10) provides a special election pursuant to which a sale of . the

The IRC §338(h)(10) election is available in certain instances where double

Mar 1, 2000 . Under prior law, the installment sale of S stock by its shareholders to a C

I State tax (particularly property and sales taxes). I Refunds . Section 338(h)(10)

Effects of a Section 338(h)(10) Election. . .. Potential Limitations on Installment

May 5, 2010 . Sellers of stock in S corporations can make a Section 338(h)(10) . . Sellers who

structure of the sale transaction could significantly . technically known as a

Table of Contents. 16.0 SALE OF STOCK & ELECTION OF IRC §338(H)(10) .

The IRS is to be commended for making this sensible alteration to the Section

However, the installment method was unavailable if a purchaser sought to make

If an S corporation disposes of its assets in exchange for an installment . .. Total

Net Benefits and Detriments of Installment Sale Method to Seller . . . . . . . . . .

453(a)(2) of the Internal Revenue Code to certain installment sale . making a §

Taxable stock purchases involving § 338(h)(10) elections (consolidated

This installment discusses some of the common tax issues that arise in the

Jan 14, 2008 . Discussion:S Corporation 338 (H)(10) Election Deemed Liquidation . They say I

Although making a Section 338(h)(10) election allows for the step-up of the . .

Sales taxes deducted as a federal itemized deduction is to be added back to New

Nov 22, 2010 . To summarize, in the §338(h)(10) transaction, A recognizes a gain of $6000 from

Installment Income Reporting Upon Cessation of. Business. 15.4 . sale of the S-

. than $750 million asset sale which involved consideration of a Section 338(h)(

Sep 27, 2011 . The sale of an S corporation with the filing of a 338(h)(10) election is a . The

. under Section 338(h)(10) of the Internal Revenue Code, and gain/loss on the .

Nov 7, 2011 . Franchise Tax Board Audits Sale of S Corp in 338(h)(10) Transaction . the

Note: Only certain target corporations can participate in a section 338(h)(10) . ..

Mar 31, 2011 . The Taxpayers indicate that the sale of VSC would occur before they leave .

B. Section 338(h)(10) Transaction -- MADSP Formula. . H. New Final

Under the Regulations, when the 338(h)(10) election involves an installment sale

Seller's Tax Considerations. ▪ Installment Sale Treatment. – Transaction . .. Stock

Installment Sales. . . . . . . . . . . . . . . . . . . . . . . .16. 12. Sales and . .

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