ETS Tax Intelligence: Achieving a Successful M&A Transaction

Situation When contemplating a merger, acquisition, reorganization, or divestiture (“M&A”) transaction, a structured, cohesive plan can assist employers in achieving desired outcomes.  Continuing from last month’s ETS Tax Intelligence, which focused on implementing a successful M&A transaction, the fourth and final phase focuses on the Post-Implementation requirements of the strategic plan (a/k/a the follow-up phase). [Read More…]

ETS Tax Intelligence: Implementing A Successful M&A Transaction

Situation When contemplating a merger, acquisition, reorganization, or divestiture (“M&A”) transaction, a structured, cohesive plan can assist employers in achieving desired outcomes.  Continuing from last month’s ETS Tax Intelligence, which focused on planning for a successful M&A transaction, the third phase of an M&A transaction focuses on implementation of the strategic plan, also referred to [Read More…]

ETS Tax Intelligence: Planning for a Successful M&A Transaction

Situation When contemplating a merger, acquisition, reorganization, or divestiture (“M&A”) transaction, a structured, cohesive plan can assist employers in achieving desired outcomes. Continuing from last month’s ETS Tax Intelligence, which emphasized the importance of proper Due Diligence, the second phase in preparing for a successful M&A transaction focuses on Planning/Design. Solution Planning/Design is the strategy [Read More…]

ETS Tax Intelligence: Preparing for a Successful M&A Transaction

Situation When contemplating a merger, acquisition, reorganization, or divestiture (“M&A”) transaction, a structured, cohesive plan can assist employers in achieving desired outcomes.  Such planning must begin with the first phase of the M&A process, Due Diligence, and carry through to Planning/Design, Implementation/Compliance, and Post-Implementation.  Over the next few months, Tax Intelligence will focus on each [Read More…]

ETS Tax Intelligence: Bankruptcy “Free and Clear” Provisions

Situation For state unemployment insurance (“SUI”) tax purposes, employers engaged in merger and acquisition (“M&A”) transactions must adhere to the SUI tax provisions in each taxing jurisdiction (50 states, DC, PR, and VI), based on each unique set of facts and circumstances. An M&A transaction can broadly be defined as a transaction involving the transfer [Read More…]

ETS Tax Intelligence: SUI Tax Rate Forecasting

Situation By June 30th, most of the employer-specific information used by state workforce agencies in determining state unemployment insurance (“SUI”) tax rates has been established.  This is known as the “computation date,” the date employer tax rates are computed for the forthcoming rate year.  Despite having information necessary to compute SUI tax rates, states will [Read More…]

ACA Compliance in the M&A Environment

There is no shortage of ways that the Affordable Care Act (ACA) has impacted the legal landscape for employers of all sizes.  ACA compliance is riddled with possible penalties and warrants an even greater consideration for organizations involved in or that are considering a merger or an acquisition (M&A).  Why? When it comes to complying [Read More…]

ETS Tax Intelligence: 2016 M&A Activity Outlook

Situation Other than a slight decline in calendar year 2013, merger and acquisition (M&A) activity in the U.S. has been trending upward since the Great Recession, with approximately 12,880 publically announced transactions in 2015. This growth trend is expected to continue well into 2016. Often overlooked, M&A activity can significantly impact employment tax costs and [Read More…]

Tax Intelligence: Understanding SUI Tax Rate Notices

Situation As of the issuance of this Tax Intelligence, only five (5) states have yet to issue calendar year 2015 state unemployment insurance (“SUI”) tax rate notices: HI, MA, MS, NY, and PR. With 53 separate jurisdictions issuing SUI tax rate notices, understanding each can be complex. To complicate matters, as organic growth and merger [Read More…]

Tax Pre-planning is Key with Restaurant Mergers and Acquisitions

What are the tax implications for Restaurants during Mergers and Acquisitions? In the Restaurant industry, mergers, acquisitions and consolidations occur all of the time. Whether it is acquiring a new company, for example, or the movement of employees from one legal entity to another, doing a thorough review of the tax implications and strategy in [Read More…]