29Jun
Coronavirus Tax Relief Provisions Raise Surprising M&A Considerations
Two key provisions included in the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”)—the Paycheck Protection Program (PPP) and the Employee Retention Tax Credit (ERTC)—are raising surprising new issues in M&A transactions. The CARES Act prohibits a company that receives a PPP loan from claiming the ERTC and treats affiliated entities as a single employer for purposes of the ERTC. It is unclear whether a company will lose previously claimed and future ERTCs when the company (or...
By:
Shearman & Sterling LLP
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