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113 points jimhi | 1 comments | | HN request time: 0.237s | source
1. gist ◴[] No.44475128[source]
> This is the Qualified Small Business Stock Tax Exclusion. Basically as long as you wait 5 years before selling the business, you won’t be taxed on the first $10 million dollars. This isn’t some loophole, this is exactly what it was intended for so that people are encouraged to take risks.

First this doesn't work for a Sub S only a 'C' corp.

https://carta.com/learn/startups/tax-planning/qsbs/

Second, this wouldn't work in many cases when someone only wants to acquire the assets of the business and not the actual corporation in order to avoid liability going forward.

https://www.brickbusinesslaw.com/blog/should-i-buy-the-compa...

Note that typically the buyer would decide the issue (sure you with your 'small' business could say 'has to be corp' but that would potentially limit companies that would want to buy)

My point is the OP makes a broad statement "Business owners have the most flexibility of everyone to not pay their taxes. I personally think these things are questionable but its what I have seen others do over the last few years and what has been recommended to me by every top accounting firm in New York." and the benefit (like anything else is specific as far as the exact situation).

Edit: Want to make clear the liability is more than the money liabilities it's also potential lawsuits that hold over to the company acquiring.