Comparison Chart of Section 338(h)(10), 338(g), and 336(e) Elections

Summary

This chart highlights certain key tax considerations in making an election under I.R.C. Sections 338(g), 338(h)(10), or Section 336(e), in connection with the sale or disposition of corporate stock, to treat the stock disposition as an asset sale (in order to achieve a stepped-up tax basis in the corporation's assets). This chart provides an overview of some of the more significant tax-related differences between the three types of elections. The below chart provides information only with respect to U.S. federal income tax laws and does not apply any state tax laws.