Deal Tax Advisory - Stressed Assets Transactions

The Stressed Asset Settlement Avenues offered by the Government for Stressed Assets – whether through Insolvency & Bankruptcy Code (“IBC” or “Code”), or outside IBC window – not only facilitates expeditious recovery/respite for Creditors, but in hindsight also offers investment opportunities for strategic and financial investors.

Your Challenges

  • Have the historic tax risks of Corporate Debtor been factored in your value calculations?
  • Do you have effective Transaction Structure that mitigates Transaction Costs while preserving available tax benefits?
  • Is your Resolution Plan seeking adequate protections against the historic risks, while ensuring time efficiency and ease of implementation?

'Buy-side/Resolution Applicant’ and ‘Sell-side/CoC-IRP'

Buy-side (Resolution Applicant) Sell-side (IRP/CoC)

Tax Due-Diligence

  • Determining key risks with a well-researched point of view

  • Identifying hidden values (if any)
  • Identification of historic risks and its associated correction recommendations

  • Identifying any hidden values to improve value

  • Support with preparation of tax dataroom

  • Tax inputs for Information Memorandum

Transaction Structuring

  • Understand facts and bid-evaluation process

  • Ideate/determine options on the transaction structure factoring transaction costs/ benefits

  • Impact analysis of options from tax and regulatory perspective
  • Evaluation of Bid-Structure from a tax and regulatory perspective
Resolution Plan / Other Bid Support
  • Inputs on tax protections for Resolution Plan, Including preferred Structure in Resolution Plan
  • Addressing tax queries raised by Bidder

Post Bid Support

  • Participation in CoC meetings to cover tax areas

  • Supporting Tax negotiations for final Offer

  • Providing Tax inputs of LoI/NCLT Scheme
  • Participation in CoC meetings & inputs from tax and regulatory perspective

  • Tax inputs on LoI/NCLT Scheme/Wind-up Proceedings

  • Such Other Tax Support as may be required



RBSA Advisors - Ravi Mehta

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