Section 1202(e) explicitly states that “start-up activities” under Section 195(c)(l)(A) or research/experimental activities under Section 174 or Section 41(b)(4) will receive special treatment when testing for the active test.
Therefore, if an angel investor is investing in a startup company that is pre-revenue and is still in the idea stage, trying to reach product-market fit, the stock will still qualify for Section 1202 QSBS if the company and the investor check off all of the boxes on the QSBS checklist.
This article does not constitute legal or tax advice. Please consult with your legal or tax advisor with respect to your particular circumstance.