The tax code does not directly say if you make a second stock acquisition in a non-QSB stock that it will not affect your first stock’s QSBS qualification, but the two purchases will be treated as mutually exclusive. Even if the second stock did qualify for section 1202 QSBS it would have a different timeline from the original QSBS that starts on the day of the second acquisition.
Although it is true the second acquisition does not affect the first it depends on why the second stock acquisition is disqualified. If the second stock purchases have been disqualified due to failing the asset test it will not affect the first stock purchases qualification, but if the QSBS company now fails the active business test, is operating in an unqualified industry, or is not an eligible domestic C Corporation the first QSBS will lose qualification.
This article does not constitute legal or tax advice. Please consult with your legal or tax advisor with respect to your particular circumstance.
