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IRS Guidance Answers Certain Questions for SPACs on Applicability of Excise Tax, but Some Uncertainty Remains

On December 27, 2022, the IRS released initial guidance on the stock buyback excise tax (“Excise Tax”) enacted as part of the Inflation Reduction Act in August 2022, as discussed in our prior Alert. Notice 2023-2 (the “Notice”) provides interim guidance on which taxpayers may rely pending issuance of regulations, and addresses several ambiguities in the application of the Excise Tax. This Alert discusses the impact of this interim guidance on special purpose acquisition company (“SPAC”) operations and transactions.

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Ropes & Gray Tax Reform Analysis


Time to Read: 1 minutes Practices: Tax, Tax-Exempt Organizations, Charitable Foundations

Capital Insights.

Congress has passed the most significant tax reform legislation in three decades (the “Act”), and on Friday, December 22, 2017, President Trump signed the bill into law. The legislation’s provisions will affect a broad range of taxpayers, making substantial changes to the taxation of businesses, individuals, and tax-exempt organizations, and adding significant complexity to the international tax regime.

To see Ropes & Gray’s analysis of key provisions of the Act, please click on the hyperlinks below:

Our previous coverage of tax reform can be found on our Capital Insights page.

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