Summary of Valuation Rule (§ 801.10)

Previously acquired assets or voting securities/NCI which will be held as a result of the current acquisition:

Voting securities (publicly traded): Use the MARKET PRICE (as defined in §801.10(c)(1)) if the closing of the current acquisition is within 45 days. Use the current FAIR MARKET VALUE (as defined in §801.10(c)(3)) if closing is more than 45 days away.

Voting securities (non-publicly traded): Use the current FAIR MARKET VALUE.

Assets: Use the greater of the ACQUISITION PRICE (as defined in §801.10(c)(2)) or the FAIR MARKET VALUE of the assets at the time that they were acquired.

Non-corporate interests: Use the current FAIR MARKET VALUE.

Assets or voting securities which are currently being acquired:

Voting securities (publicly traded): If closing is within 45 days and the acquisition price is determined, use the greater of the MARKET PRICE and the ACQUISITION PRICE. If closing is more than 45 days out but the acquisition price is determined, use the ACQUISITION PRICE. If closing is more than 45 days out and the acquisition price is not determined, use the FAIR MARKET VALUE.

Voting securities (non-publicly traded): Use the ACQUISITION PRICE if it is determined. If the acquisition price is not determined, use FAIR MARKET VALUE.

Assets: Use the greater of the ACQUISITION PRICE (if determined) or the FAIR MARKET VALUE.

Non-corporate interests: Use the ACQUISITION PRICE if it is determined. If the acquisition price is not determined, use the FAIR MARKET VALUE.

Last Updated: September 20, 2018