Using Code Section 351 for Mergers and Acquisitions
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Does Code Section 351 impact mergers? Is this something I should be concerned about in regards to Section 351 exchanges?
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Solution Summary
This solution explains if Section 351 impacts mergers and exactly how this impacts Section 351 exchanges. A thorough discussion with references is provided.
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Most mergers that don't involve cash are considered a type C reorganization. In this type of merger, the companies are reorganized and the acquired company is basically bought with stock, and in return has control over the company's assets. The two companies then merge without cash being exchanged by any party, and the acquiring company receives control of both companies. The reason why C reorganizations do not happen a lot ...
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