From: Chinonso Nwogu, Tax Advisor
Date: January 3, 2014
RE: Tax Consequences and Compliance of Assets Acquisition
FACTS
On December 1, 2012, Environmental Solutions Inc., (“Environmental”) offered to buy Joel Freedman’s (“Freedman”) company, Advanced Technologies. After discussing the offer with his attorney, he accepted to sell his company on August 1, 2013. On August 15, 2013, attorneys from both companies signed a letter of intent to acquire Advanced Technologies assets and liabilities for $5million. On September 30, 2013, the letter of intent was presented and approved by Environmental Solution’s board of directors. On October 15, 2013, the acquisition was completed and closed.
Freedman …show more content…
Capital Assets are defined as any asset that is a personal or real property with a value greater than or equal to the capitalization threshold for certain classified asset with an estimated life of more than one year.9 Building, patent and goodwill should be classified by Advanced Technologies as capital assets. Each individual asset based on the classification listed above is allocated using the fair market value realized. An ordinary income asset is classified as a “noncapital asset” and any realized amount from the sale