Can I Gift or Transfer My QSBS to a Partnership or LLC?

According to Section 1202, an individual must receive QSBS either directly from the issuing company or through a gift or inheritance. Partnerships or LLC are allowed to transfer QSBS to a partner but not vis versa. A partnership or LLC is not a stand-alone entity but a … Read More

Do I Have to Pay Payroll Taxes for Employees Compensated With QSBS?

Any compensation given to employees is treated as wages; therefore, FICA (Social Security and Medicare), FUTA (Federal Unemployment), and SUTA (State Unemployment) will be paid, unless the stock is received in the form of Incentive Stock Options. There is one nuance between cash and stock wages, which … Read More

Can Employees Receive QSBS as Compensation?

Employees can be compensated with QSBS and elect the Section 1202 capital gains tax exclusion. There are various scenarios where this can happen. One is a startup company that is tight on cash, but because the company is high-growth and disrupting its target market the stock has … Read More

Is my QSBS Exclusion Safe in a Divorce?

If a divorce were to occur and the QSBS was divided between the two individuals it would be treated as if each individual had QSBS from the day it was issued. The divorce actually creates two separate exclusions, one for each spouse. For example, each individual would … Read More

What Documentation Do I Have to Provide for QSBS?

Just because the Internal Revenue Service (IRS) does not require the taxpayer to provide any documentation when electing the Section 1202 capital gains tax exclusion on the sale of QSBS, does not mean that you don't want to have your documentation in order. Prior to the … Read More

Is QSBS Excluded From Alternative Minimum Taxes?

QSBS purchased on or after September 28, 2010, is 100% excluded from capital gains taxes, net investment income taxes (NIIT), and alternative minimum taxes (AMT) as long as the QSBS gains do not exceed the exclusion cap. Gains over the exclusion cap will be subject NIIT and … Read More

How do I report QSBS on my Taxes?

As a holder of qualified small business stock (QSBS), it is important to know what steps to take not only when you report the Section 1202 exclusion on your taxes but also when the QSBS is issued. QSBS for some is a hidden secret embedded within the … Read More