Tax implications of mergers and acquisitions involving financial institutions

In recent years, there have been a significant number of mergers and acquisitions (M&As) among financial institutions in American, European as well as in Asian countries. The Malaysian government too has encouraged mergers among financial institutions since the 1997‐98 financial crisis so as to create stronger and more viable business entities. Through M&As Malaysian financial institutions are expected to emerge more resilient to withstand the pressures and challenges arising from the increasingly globalized business environment. Numerous tax considerations arise as a result of mergers and acquisitions (M&As) and this has financial implications for the new entities. This paper examines broad tax issues involving M&As. The types of taxes that would become payable include income tax, real property gains tax and stamp duty. Income tax effects include deductibility of payments for termination of employees, legal fees, bad debts and treatment of business losses as well as capital allowances. Aspects involving stamp duty payment are also analyzed. Mergers and acquisitions inevitably involve a transfer of shares or property and as such the property gains tax issues are also addressed.