Resources: Company Formation, Qualified Trade or Business

Qualified Trade FAQ Which types of companies qualify as QSBs and which don't? Section 1202 defines Qualified Trades or Businesses in the negative, noting the types of businesses that are not eligible to issues QSBS.   According to Section 1202(e)(3) a “qualified trade or business” is any company other than: “Any trade … Read More

Resources: Company Formation, Gross Asset Test

Gross Asset Test FAQ What is the Gross Asset Test? The QSBS “gross asset test” or “size test” requires that the aggregate gross asset value of the business must be below $50 million at all times before and immediately after the issuance of QSBS. If gross assets have ever … Read More

Resources: Company Formation, Active Business Requirement

Active Business Requirement FAQ What is the Active Business Requirement? The QSBS Active Business Requirement requires that “at least 80 percent (by value) of the assets” of the corporation are used in the “active conduct of one or more qualified trades or businesses during substantially all of the taxpayer’s … Read More

Resources: Company Formation, Eligible Entities

Eligible Entity FAQ What type of entities can qualify to Issue Qualified Small Business Stock (QSBS)? Only C-Corporations can qualify to issue Qualified Small Business Stock (QSBS) per Section 1202. C-Corporations or “C-Corps” are legal entities in which the owners or shareholders are taxed separately from the entity. C-Corps are … Read More

Angel Investor QSBS

Angel Investors Express Concern for BBBA Tax Exclusion Limitations

The Looming Concern With Biden’s Build Back Better Amendment (BBBA) looming as a threat to the current way small businesses are operating today, those who invest in these businesses are equally concerned. Among them are angel investors who fund a large percentage of small businesses as collective entities. … Read More

CapGains Resource Library

Continuous implications regarding tax incentives can occur throughout the corporate lifecycle. Refer below for further details across the corporate lifecycle. Company Formation Founder Individual Investor Investment Fund In order to issue QSBS stock, a company first needs to be a Qualified Small Business.  Expand to explore the eligibility criteria further. Expand Key QSBS requirements: … Read More

Terms of Use

Last Modified: October 14, 2021 Acceptance of the Terms of Use These terms of use are entered into by and between You and CapGains, Inc. ("Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of qsbsexpert.com and capgains.com (collectively the … Read More

Opportunity Zone BBBA QSBS

Could Opportunity Zones Be Next in Incentive Cuts to Fund BBBA?

Over the past 30 years, two specific programs have been established to spark economic vitality: First, Qualified Small Business Stock (QSBS) and more recently, Opportunity Zones(OZ). QSBS has incentivized entrepreneurs and investors alike to invest in small businesses. Taxpayers holding eligible stock have been able to recognize up … Read More

The Basics Behind a Trust

            A trust is between a trustor (the one who gives the right to hold title to assets/property) and a trustee (the one who receives the title to said asset/property). This situation creates a fiduciary relationship which comes with fiduciary duties, such as: Duty of Care Duty of ConfidentialityDuty of … Read More

Carta Supports the Qualified Small Business Stock Incentive

Carta, an ownership and equity management platform with a deep understanding and influence within the American startup ecosystem serving over 20,000 corporations, has published its stance on the proposed policy to limit the QSBS exemption. As a reaction to the House Ways and Means Committee’s proposed amendment … Read More