Do Section 1045 Rollovers Have to Follow Section 1202 QSBS Requirements?

The new QSBS corporation and the investor must meet all of the same requirements on the QSBS checklist as the original QSBS. There is one exception to the active trade or business test. The QSBS purchased through a Section 1045 rollover only has to meet the active test for the first 6 months the stock is purchased for the QSBS gains to be eligible for deferral. If it fails any of the Section 1202 tests during the holding period the stock will not be eligible for the QSBS tax exclusion when it is sold.

This article does not constitute legal or tax advice. Please consult with your legal or tax advisor with respect to your particular circumstance.

About QSBS Expert

QSBS Expert was founded by a group of entrepreneurs, investors, accountants and lawyers who came together when trying to navigate a QSBS situation of their own. We quickly realized that the regulations left a lot of open questions and the publicly available information was confusing to sift through…so we thought that others may also benefit from having a “go to” resource for all things QSBS.