Share sale and purchase agreements
Source: Taxation In Australia Journal Article
Published Date: 1 Jul 2021
This article provides an overview of some key considerations to be taken into account when drafting and reviewing sale agreements from a tax perspective. In particular, it takes a high-level look at the nature and scope of the tax indemnity (including the distinction between an indemnity and a covenant to pay) and tax warranties, and the role of warranty and indemnity insurance.
It also considers those clauses in the agreement that assign control of, or limit the parties when dealing with, tax matters, both before and after completion. Finally, it briefly touches on the clauses covering the consideration payable under the agreement and the drafting of clauses addressing foreign resident capital gains withholding tax.
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Details
- Published By: Victoria Lanyon
- Published On:1 Jul 2021
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