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Reorganization of corporation as a Massachusetts business trust with...

Montgomery Maryland Reorganization of corporation as a Massachusetts business trust with plan of reorganization

Name: Montgomery Maryland Reorganization of corporation as a Massachusetts business trust with plan of reorganization
Brand: US Legal Forms
Rating: 4.82 (322 reviews)

Category:

Corporations - Public - Restructuring

State:

Multi-State

County:

Montgomery

Control #:

US-CC-7-677A

Format:

Instant download

Description

This sample form, a detailed Reorganization of Corporation as a Massachusetts Business Trust w/Plan of Reorganization document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.

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How to fill out Montgomery Maryland Reorganization Of Corporation As A Massachusetts Business Trust With Plan Of Reorganization?

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FAQ

Internal Revenue Code (IRC) Section 368 allows merger and acquisition transactions to qualify as a reorganization when an acquiring corporation gives a substantial amount of its own stock as consideration to the acquired (or target) corporation.

Under Sec. 368(a)(1)(D), a D reorganization generally occurs when one corporation transfers all or a part of its assets to another corporation if, immediately after the transfer, the target corporation or one or more of its shareholders, or any combination of those, is in control of the acquiring corporation.

A company might also undergo an F reorganization, convert from an S corporation to a single member LLC, and then contribute the single member LLC interest to a new C corporation.

A type A Reorganization is a tax-free merger or consolidation. Generally, in a merger, one corporation (the acquiring corporation) acquires the assets and assumes the liabilities of another corporation (the target corporation) in exchange for its stock.

An F reorganization is very useful when the Target selling corporation has a business or tax reason to implement a disregarded entity, but there are impediments to forming a SMLLC. Businesses encounter various issues when forming a DRE, including: Obtaining legal consent. Incurring transfer taxes.

In a tax-free reorganization, an S-corporation can be the target corporation or acquiring corporation, or both. The S-corporation status of a surviving target in a tax-free reorganization generally terminates because the surviving target has a disqualified stockholder (a corporation).

In general, corporations aren't allowed to be shareholders. The only exception that allows an S corp to own another S corp is when one is a qualified subchapter S subsidiary, also known as a QSSS. In order to be considered a QSSS, all of the shares of the owned S corp have to be owned by one S corp.

An F reorganization is a type of tax-free reorganization under Internal Revenue Code Section 368(a)(1)(F), which includes a mere change in identity or form of one corporation. F reorganizations are typically used to effectuate a tax-free shift of a single operating company.

If your S corporation purchases no more than 80 percent of the equity of another company, it can make that business a subsidiary. However, if your S corporation purchases more than 80 percent, your S corporation will need to fully merge the acquisition into its existing business.

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Montgomery Maryland Reorganization of corporation as a Massachusetts business trust with plan of reorganization

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How to fill out Montgomery Maryland Reorganization Of Corporation As A Massachusetts Business Trust With Plan Of Reorganization?

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FAQ

What is a 368 Reorganization?

What is a cash D reorganization?

Can an LLC do an F reorganization?

What is a tax free reorganization?

When to use f Reorganization?

Can S corporation do tax-free reorganization?

Can you merge 2 S corporations?

What is type f Reorganization?

What is a Type A reorganization?

Can S corporations merge?

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