If the acquisition is structured as an asset purchase because the target is only a division of a foreign company or because the seller agrees to sell assets, the U.S. buyer of the assets must decide whether to acquire them directly or to use a new or existing foreign company to do so. The choice will affect future U.S. and non-U.S. tax consequences.

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If the acquisition is structured as an asset purchase, it is important for the U.S. buyer to decide whether to acquire the assets directly or through a foreign company, as both options have different tax consequences.

If the Acquisition Is Structured as an Asset Purchase Because