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Re: Donotunderstand post# 443459

Thursday, 01/07/2016 2:30:43 PM

Thursday, January 07, 2016 2:30:43 PM

Post# of 729882

Can a company buy WMIH outright and have use of the NOL company wide at the buying company?

I thought that was doable after x years of no change in ownership?



Yes/No.

(Yes)-There has been an ownership change. Mentioned in 10k. Following ownership changes the NOL's are subject to annual limitations.

(No)-In addition if the IRS finds the acquiring company specifically purchased a shell company for the NOL's to avoid taxes, they can disallow the use of the NOL. <- Internal Revenue Code 269 for more info.
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If the acquiring company gets lucky and doesn't get slapped by the IRS for violation of IRC 269 then limitations apply.
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