04 May 2018
Richard Jeens and Charles Osborne look at some recent cases on tax indemnities which highlight the practical points to consider when drafting an indemnity and managing any subsequent claims.
If the eventual cash outcome of a tax indemnity in a private M&A context is to match the commercial expectations of the principals, it is important to consider carefully the practicalities of tax claims (both against a tax authority and the M&A counterparty), including time limits, notification requirements, and conduct. A series of recent cases highlights the practical points to consider (and the importance of proper legal input) both when drafting the tax indemnity and in the management of any subsequent claims.
This article was first published in the 4 May 2018 edition of Tax Journal
Tax indemnities: lessons from recent litigation
This material is provided for general information only. It does not constitute legal or other professional advice.
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