There's probably no area of M&A more challenging than understanding the differences between deals structured as stock sales or asset sales/338 elections. We'll begin with an explanation of how the decision to structure a deal as either a stock sale or an asset sale/338 election creates significant tax and accounting implications for both the buyer and seller. We'll move on to examine the buyer/seller benefits and drawbacks of each deal structure before showing how a deal negotiation can resolve buyer/seller benefits and drawbacks. We'll conclude with a look at the deal structure decision's impact on financial models.
