When it comes to making preparations for a business sale, tax due diligence may be viewed as an afterthought. However the results of tax due diligence may be vital to the success of any transaction.

A rigorous review of tax regulations and tax rules can identify potentially deal-breaking issues before they become problematic. It could be anything from the complexity of a company’s financial situation to the specifics of international compliance.

The tax due diligence process also examines whether a business is likely to create an taxable presence in different countries. For example, an office in a different country can create local income and excise taxes however, despite the fact that an agreement between the US and the foreign jurisdiction may mitigate the effects, it’s vital to be aware of tax risks and opportunities.

As part of the tax due diligence workstream we look at the prospective transaction and the company’s historical acquisition and disposition activities as well as review the documentation for transfer pricing and any international compliance issues (including FBAR filings). This includes analyzing the assets and liabilities’ tax basis and identifying tax attributes that can be utilized to maximize the value.

For example, a company’s tax deductions could be higher than its income tax deductible, which results in net operating losses (NOLs). Due diligence can be used to determine if these losses are able to be realized and if they are transferable to a new owner as tax carryforwards or utilized to reduce tax burdens following the sale. Unclaimed property compliance is yet another tax due diligence issue. Although not a strictly tax subject taxes, tax authorities in states are becoming more scrutinized in this regard.

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