Optimum Communications is facing a complex debt situation after accumulating over $26B in liabilities largely by buying and refinancing debt. Now, as creditors hope to swap some of that debt for equity in the firm, the company could be hit with a $4B tax bill due to existing consolidated return rules and deferred tax consequences. This case, involving significant parties such as Apollo, Ares, and BlackRock, serves as a complex lesson to businesses and fiscal advisors about the interaction of debt acquisition, consolidation, and tax consequences.
In most restructuring fights, the tax partner arrives after the bankers have already worn out the spreadsheet. In Optimum Communications’ creditor fight, tax has walked in early, pulled up a chair, and made the room quiet. That is the oddity here. T...
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