Preference Shares: Structure Savoir-Faire Across Various Use Cases

In my latest article, as published on Taxsutra, I work through three use cases where the multiple personalities of a single instrument i.e., preference shares, are mapped across the use cases, traversing the multiple regulatory and tax identities:

Use Case 1: Use of RPS in case of a merger that defers cash outflow while giving the seller a defined exit through redemption or a put option.

Use Case 2: A family arrangement achieved through a cross-demerger that swaps two businesses between two branches without an upfront tax event, while economic value discharged through preference shares.

Use Case 3: Net worth augmentation that relies on the gap between what the Companies Act counts as share capital and what Ind AS treats as a liability.

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