Common M&A Transactions Require the Filing of a Transfer Agreement by October 9th to Avoid Acceleration of Section 965(h) Installment Liability
Many taxpayers elected to defer the 965 "transition tax" imposed by the TCJA. Taxpayers who have closed on acquisitions of companies with Section 965(h) Installment Elections should examine whether they need to file a Transfer Agreement to avoid triggering immediate taxation. Absent further guidance from Treasury, the due date to file the agreement (for deals that closed prior to September 10, 2018) is October 9, 2018. Section 9100 relief is not available.
