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.

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