Every Section 382 Study is unique. Nonetheless, there are still some representations that should be considered based on the facts and circumstances. Here is a list of the common representations: A representation that the company is or was a “loss corporation” during the analysis period A representation regarding the classes of stock that were issued ..
The term “loss corporation” means a corporation entitled to use a net operating loss carryover or having a net operating loss for the taxable year in which the ownership change occurs. Such term shall include any corporation entitled to use a carryforward of disallowed interest described in section 381(c)(20). Except to the extent provided in regulations, such ..
Section 382 of the Internal Revenue Code of 1986 limits a loss corporation’s ability to offset taxable income it generates in the years ending after an “ownership change”. This annual limitation is called the Section 382 Limi..