In a Law360 article, tax partner Eric Behl-Remijan and business restructuring partner Natasha Hwangpo examined a ruling by the U.S. Bankruptcy Court for the Southern District of Florida and its potential impact on tax relationships in restructuring situations.
Many large-scale equity investments such as private equity sponsors use “flow-though” tax structures, which can be problematic in debt restructurings. The authors note that if followed, the Florida ruling “may significantly affect how equity owners can mitigate the impact of flow-through structures in special situations.”
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