RE: Alexander Stahel update18 Jan 2023 10:44
Hope they have covered themselves:
'The purchase agreement should indicate whether the buyer or seller has the right to use the target company’s pre-acquisition tax losses. In particular, the extent to which the seller has the right to use losses by way of group relief needs to be clarified. For group relief purposes, a loss arising in the accounting period in which the acquisition takes place is often apportioned on a time basis between the pre- acquisition element (available to the seller, subject to possible restrictions) and the post-acquisition element (available to the buyer). Where the seller does not or cannot claim group relief for pre-acquisition losses, they are carried forward in the target company. The indemnities and warranties in the sale and purchase agreement normally refer to the arrangements agreed upon between the parties.'