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Capital Gains Selling a Business

Kaufman & Canoles

Section 1202 QSBS - The Overlooked Arrow in the Business Succession Quiver

Kaufman & Canoles on

Business owners considering exit options from their businesses often can be blinded by purchase price figures and proceeds, often “accepting” that paying capital gains tax is part of the deal. The ability to avoid or defer...more

Lasher Holzapfel Sperry & Ebberson PLLC

Eight Things to Consider if You Want to Sell Your Business

Selling a business is a significant milestone. Whether you’re moving on to new ventures, retiring, or simply cashing in on your hard work, the process involves more than just finding a buyer and cashing a check. Selling your...more

Foley & Lardner LLP

Thinking About Selling your Business? Now is the Time

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The economic environment has mostly stabilized following the inflationary shocks of 2021-2022, and a strong Q4 2023 suggests that M&A may be in line for a comeback in 2024. The following trends demonstrate why now is likely a...more

Venable LLP

Earnouts and Their Tax Treatment

Venable LLP on

As buyers and sellers engage in negotiations for the sale of a business, often there may be disagreements as to the value and expected growth of that business. One party might currently value the business higher than the...more

Rivkin Radler LLP

Rescission, Repossession, Real Estate – The Three R’s of Unwinding a Sale

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How many times have you wished that you could undo something from your past, perhaps a string of incoherent statements made at a client dinner while slightly under the influence, or an expletive-filled email composed and sent...more

Stikeman Elliott LLP

Employee Ownership Trusts: Full Steam Ahead After Government’s Fall Economic Statement

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On November 21, 2023, the Government of Canada released its Fall Economic Statement. Among the measures included in the statement are improved tax incentives for Employee Ownership Trusts (“EOTs”)....more

Rivkin Radler LLP

Selling Your Business? Careful of Pre-Sale Contributions of Stock to Charity

Rivkin Radler LLP on

Charitable Giving Update- According to a recent report on charitable giving, the number of donors at every level of giving dropped during the first three quarters of 2022. The number of new donors was down by over 19...more

Rivkin Radler LLP

Will New York Increase Taxes On Investment Income?

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Last Thursday, New York State Senator Gustavo Rivera, who represents the 33rd District (basically, the northwestern quadrant of The Bronx), proposed legislation that seeks to collect more taxes from the State’s high-income...more

Rivkin Radler LLP

The Earnout: Contingent Purchase Price or Compensation?

Rivkin Radler LLP on

A More Cautious Approach- Compared to the torrid pace of M&A transactions last year, the current year seems rather pedestrian. That is not to say businesses are not being sold; they are....more

Roetzel & Andress

Roetzel HealthLaw HotSpot: Optimizing Your Practice for Sale

Roetzel & Andress on

Roetzel HealthLaw HotSpot™ is a podcast for physicians and health professionals that covers the legal issues and trends that affect the health care industry. In Episode 4, John Waters discusses the ins and outs of preparing...more

Farrell Fritz, P.C.

Sale Of A Business And Qualified Opportunity Funds: Deferral, Exclusion, And . . . Risk?

Farrell Fritz, P.C. on

A lot has been written about the tax benefits of investing in a Qualified Opportunity Fund. Some have suggested that the gain from the sale of a closely held business may be invested in such a fund in order to defer the...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Nuts and Bolts on a Management Buyout (Part 6 of 7)

In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller discuss the incentive equity package that management will be offered in the buyout, including the structure of the incentive pool,...more

Mintz

New Tax Court Decision Provides Planning Opportunities for Foreign Investors Investing in U.S. Partnerships

Mintz on

On July 13, 2017, the U.S. Tax Court issued its opinion in Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner, in which the Tax Court held that a non-U.S. person who sells an interest in a partnership...more

Foley & Lardner LLP

U.S. Tax Court Ruling Exempts Gain on Foreign Partner's Sale of a Partnership Interest

Foley & Lardner LLP on

On July 13, 2017, the U.S. Tax Court issued a decision in Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner, 149 T.C. No. 3, which could have a significant impact on how non-U.S. investors invest in U.S....more

Farrell Fritz, P.C.

Sale Of A Contract: Capital Gain Or Ordinary Income?

Farrell Fritz, P.C. on

Maximize Capital Gain- In the sale of a business, it is the goal of every business owner and his tax adviser to minimize the amount of gain realized and, to the extent gain is realized, to maximize the amount that is...more

Farrell Fritz, P.C.

Protecting Tax Deferral for A Contribution to A Partnership

Farrell Fritz, P.C. on

When a taxpayer (“Taxpayer”) sells a property (“Property”) with a fair market value (“FMV”) in excess of Taxpayer’s basis in Property in exchange for cash in an arm’s-length transaction, the amount of gain that he realizes on...more

Farrell Fritz, P.C.

Rolling Over Target Equity Into A PE Fund: Part II

Farrell Fritz, P.C. on

Roll-Over: Tax Issue - Picking up on yesterday’s discussion, how can a PEF reconcile its preference to acquire a depreciable or amortizable basis for its target’s assets while, at the same time, affording the target’s...more

Farrell Fritz, P.C.

Rolling Over Target Equity Into A PE Fund: Part I

Farrell Fritz, P.C. on

For many business owners, the final step of a successful career may be the sale of their business. At that point, the investment into which the owners have dedicated so much time, effort and money is liquidated, leaving them...more

Lewitt Hackman

Estate Planning NOW: Preparing for a New Government

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It’s impossible to predict what any future president will do, or what Congress will approve. But in light of comments president-elect Donald J. Trump made on the campaign trail, and given that Grand Old Party members will...more

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