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  • Form 8023 2020

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How to fill out the Form 8023 online

Form 8023 is essential for corporations making qualified stock purchases under Section 338. This guide will help users navigate the process of filling out the form online, ensuring all necessary information is accurately provided for a smooth filing experience.

Follow the steps to complete Form 8023 effectively.

  1. Click ‘Get Form’ button to obtain the form and open it in the editor.
  2. In Section A-1, provide the name and address of the purchasing corporation along with its employer identification number and tax year ending. Ensure that the state or country of incorporation is also included.
  3. In Section A-2, enter the details for the common parent of the purchasing corporation, including its name, address, employer identification number, tax year ending, and incorporation state or country.
  4. Proceed to Section B to input information regarding the target corporation. Fill in the name, address, employer identification number, tax year ending, and state or country of incorporation.
  5. In Section C, only complete this if applicable for a Section 338(h)(10) election. Provide the name and address of the common parent, selling affiliate, or S corporation shareholder of the target corporation along with necessary identifying number and tax year ending.
  6. In Section D, record the acquisition date and the percentage of target corporation stock purchased during the 12-month acquisition period and on the acquisition date. Answer questions regarding the affiliated group status of both the purchasing and target corporations before the acquisition date.
  7. Section E requires detailed financial information about the purchasing corporation's statement, including stock price, acquisition costs, target liabilities, and income taxes on deemed sale. Answer the relevant questions regarding agreements or contracts related to the transaction.
  8. If you are completing Section F, enter the seller’s statement information only for a Section 338(h)(10) election, detailing stock price, target liabilities, selling costs, and relevant asset classifications.
  9. In Section G, indicate applicable elections under section 338 by checking the relevant boxes based on the type of election being made.
  10. Finally, ensure that the form is signed by authorized persons for both the purchasing corporation and the common parent if applicable, along with the date and title. Save changes, download, print, or share the completed form as needed.

Complete your Form 8023 online today to ensure compliance and streamline your filing process.

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Form 8838 is used for gain recognition agreements under Internal Revenue Code sections 367(a) and 367(e)(2).

A Section 338 election is useful when the buyer has a good business reason to acquire stock rather than assets (e.g., difficulty in re-assigning licenses or permits), but the buyer still wants the tax benefits of an asset acquisition.

Section 338(g) Election The election is made unilaterally by the acquirer after purchasing stock from the target's shareholders. The acquirer generally bears the incremental tax burden from the gain on the deemed sale of the target's assets.

More In Forms and Instructions Use Form 8883 to report information about transactions involving the deemed sale of corporate assets under section 338. This includes information previously reported on Form 8023, Elections Under Section 338 for Corporations Making Qualified Stock Purchases.

—A qualified stock purchase is the purchase of at least 80% of the total voting power and value of the stock of a corporation by another corporation during a 12-month acquisition period.

Purpose of Form Use Form 8023 to make elections under section 338 for a corporation (the “target” corporation) if the purchasing corporation has made a qualified stock purchase (QSP) of the target corporation.

A copy of Form 8023 must be attached to the final income tax return of the old target, to the first income tax return of the new target, and to the income tax return of the purchasing corporation for its tax year that includes the acquisition date; but failure to do so will not invalidate a section 338 election.

Purchasing corporations use this form to make elections under section 338 for the target corporation if they made a qualified stock purchase (QSP) of the target corporation.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232