WeWork adopts shareholder rights plan to protect ability to reduce future tax bills

(Reuters) – WeWork Inc. on Friday said it has adopted a “poison pill” to limit its shareholders from increasing stakes, which would make it difficult for the company to use its net operating loss (NOL) carryforwards to reduce tax.

As of Dec. 31, 2021, WeWork had about $6.9 billion of U.S. federal NOLs and $6.6 billion of state NOLs that could be available to offset its future federal taxable income and state taxable income, the company said in a statement.

Last month, WeWork struck deals to cut debt by about $1.5 billion and extend the date of some maturities in a bid to preserve cash as the flexible-workspace provider feels the heat of mass layoffs on its business.

The company, which offers workstations, private offices and customized floor plans, had enjoyed a pandemic-driven shift to flexible work outside traditional offices, but is now gearing up for a potential fallout from a likely economic downturn.

The Tax Asset Preservation Plan is intended to reduce the likelihood of such an “ownership change” at WeWork by deterring any person or group from acquiring beneficial ownership of 4.9% or more of company’s outstanding Class A common stock, the company added.