Distressed Company Mergers and Acquisitions—Tax Considerations

COVID-19 has pushed many healthy businesses into a distressed position where they find themselves needing to raise financing, restructure debt, or sell the business to survive. For private equity funds with dry powder—available cash—on hand, a strategic investment in those businesses are under consideration. However, an acquisition of a distressed business is often more challenging than a traditional Mergers and Acquisitions transaction from both a deal and tax perspective.