IRC Section 338(h)(10) Election Strategies for Tax Counsel
Leveraging the Election in Structuring Acquisitions, Dispositions, Asset and Stock Transfers
Recording of a 90-minute premium CLE/CPE webinar with Q&A
This CLE/CPE course will provide tax counsel with a review of the application, operation, and impact of the Section 338(h)(10) election. The panel will provide tax planning strategies to optimize tax benefits and minimize pitfalls in the election under the new tax law.
- Overview of Section 338(h)(10) and tax reform considerations
- Typical acquisitions in which the 338(h)(10) election is made
- Operation of the election
- Avoiding pitfalls
The panel will review these and other key issues:
- When is a Section 338(h)(10) election appropriate?
- What opportunities does the election offer and what potential tax pitfalls must counsel consider in making the election?
- What is the impact of Section 338(h)(10) election on Section 197 anti-churning rules?
- How does the Act impact the viability of the election?
- How does the election operate in the case of non-corporate buyers and S corporations?
- How do the regulations under Code Section 336(e) operate to broaden the scope of Section 338(h)(10) election?
- How do state tax laws interact with the election?
Griffin H. Bridgers
Hutchins & Associates
Mr. Bridgers' practice encompasses all areas of private wealth and family business. In addition to estate... | Read More
Mr. Bridgers' practice encompasses all areas of private wealth and family business. In addition to estate planning and estate administration, he is experienced in mergers and acquisitions, taxation, business transactions, franchising, commercial contracts, asset protection, executive compensation, employee benefits, qualified and non-qualified retirement plans, and nonprofit organizations. He counsels closely-held and family businesses, and nonprofit organizations, with their planning, succession, and liquidity needs in a variety of industries including tech, restaurant and retail, healthcare, manufacturing, construction, real estate, financial services, consulting, and professional staffing.Close
Stephen L. (Steve) Phillips
Senior Partner / CFO
Mr. Phillips heads the firm's tax practice and has spent his career as a tax, business, and corporate partner in... | Read More
Mr. Phillips heads the firm's tax practice and has spent his career as a tax, business, and corporate partner in large and small boutique law firms and as in-house tax counsel to a Fortune 50 publicly held company. He counsels and advises businesses and individuals with respect to a variety of income, wealth transfer, state, and local taxes. Since 1995, he has been Board Certified in Tax (Tex. Board of Legal Specialization). Of note, he has structured and guided the execution of a multitude of acquisition or divestment transactions, both in the U.S. and abroad.Close