By Aaron Singer.

Happy New Year and welcome to Business Matters, the newsletter of Clark Wilson's Private Company Transaction Group.

Last year was a busy year for our group handling all manner and size of public-private and private-private purchase and sale transactions.

By Aaron Singer

What is the best structure for a purchase and sale transaction from a tax perspective?

While this is a question we are frequently asked, it is not one that is easily answered in this type of FAQ. The circumstances of the parties, the nature of the business and other factors will affect the tax structuring and planning. There is no one size fits all approach to tax planning for purchase and sale transactions. The parties and their tax advisors will have to consider such matters as residency, capital gains treatment and exemptions, purchase price allocation and the ability to retain any unutilized tax losses.

By Aaron Singer

In light of recent proceedings commenced by the Commissioner of Competition, parties to purchase and sale transactions (including those that fall below the thresholds for mandatory notification) need to carefully consider the effects of their proposed transaction on competition.