Tax liabilities in bankruptcy can be one of the most complex and challenging aspects of a distressed company’s restructuring. Fortunately, the Bankruptcy Code offers powerful, though underutilized, tools to address tax concerns. In combination with the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which overturned the long-standing Chevron doctrine, these tools provide a potentially transformative way to contest certain tax liabilities—particularly related to cancellation of indebtedness income (CODI).
A&M's tax expert Kevin M. Jacobs and Anthony V. Sexton from Kirkland & Ellis co-authored a recent article in the American Bankruptcy Institute Journal that explores how the Loper Bright decision, coupled with § 505 of the Bankruptcy Code, creates an opportunity to challenge controversial Treasury regulations that may lead to inflated tax liabilities, especially in debt restructuring scenarios.
Labor & Benefits: How to Prepare for a Successful Audit
August 5, 2025
A&M Senior Director Emily Miligan was recently a guest on the Weaver: Beyond the Numbers podcast and shared insights on how organizations can best prepare for a benefit plan audit.
Tax losses in share deals – Hidden value impacting purchase price negotiations?
August 4, 2025
In many M&A share transactions, tax losses may represent significant hidden value. But that value depends particularly on two key questions: Can the tax losses survive the transaction and can the parties mutually agree on a business plan substantiating the future usage of the potentially surviving tax losses? Our article outlines how jurisdiction-specific rules — especially Germany’s strict change-in-ownership regime — affect the usability of tax losses post-closing, whether tax losses can provide a shelter for historic tax risks and why tax losses impact purchase price negotiations.
EU Customs Reform: Impact on businesses
August 1, 2025
The EU is set to overhaul its customs regulations in 2028, with a key focus on modernising e-commerce.
Clarity on tax classification of foreign bail-in bonds
July 31, 2025
Proposed changes to Australia's tax treatment of bail-in bonds provide much-needed certainty regarding their debt/equity classification and tax law.
