Qualifying Small Business Stock (QSB) - Section 1202
Qualifying as Small Business Stock
(Section 1202)
To qualify as QSB stock:
- The stock must have been issued by a C-corporation, not an S-corporation.
- The gross assets of the corporation must have been no more than $50 million at all times after August 9, 1993, and before issuance of the stock, as well as immediately after issuance of the stock.
- The corporation must be an active business, it cannot be a holding company.
Lifetime limit:
There is a lifetime limit on the Section 1202 exclusion for qualified small business stock or empowerment zone business stock from any one issuer:
The amount of gain from any one issuer that is eligible for the 50% (or 60%) exclusion is limited to the greater of:
- Ten (10) times your basis in the qualified stock that you disposed, or
- $10 million ($5 million if married filing separately) MINUS any gain on stock from the same issuer that you excluded in prior years.
Reporting the Section 1202 Gain and the Exclusion
- Report the entire gain as a long-term gain on Line 8 of Schedule D.
- Enter the allowable exclusion as a loss below the entry for the gain.
- Label the the entry for the allowable exclusion as follows:
To qualify as qualified small business stock for the purpose of
deferring or excluding gain:
- The stock must be stock in a C-corporation (not an S-corporation)
- The stock was originally issued after August 10, 1993.
- The gross assets of the corporation must have been no more than $50 million at all times after August 9, 1993, and before issuance of the stock, as well as immediately after issuance of the stock.
- The corporation must be an active business, it cannot be a holding company.
Next:
Qualifying Small Business (QSB) Stock-Section 1202:
Rolling Over the Gain on Small Business Stock to Small Business stock;
Reporting a Rollover of Gain From Qualified Small Business Stock
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