What Do You Mean Tax Free? Qualified Small Business Stock
May 29, 2024
In this episode of the NASPP Equity Expert Podcast, we are joined by Jonathan Fish, the CEO and co-founder of Cap Gains. Jonathan brings his extensive experience as a CPA and public accountant, focusing primarily on venture funds and private equity funds. He shares insights into the world of Qualified Small Business Stock (QSBS), a powerful tax incentive that can offer 100% capital gains tax savings.
The key points of this episode include:
- Introduction to QSBS
- Understanding QSBS and its benefits
- Historical context and changes over time
- Importance for venture funds, entrepreneurs, and early employees
- Corporate and Shareholder Level Requirements
- Requirements at the corporate level, such as being taxed as a C Corp and having less than $50 million in gross assets
- Shareholder requirements, including original issuance of stock and a five-year holding period
- Common pitfalls and misconceptions around QSBS eligibility
- Navigating QSBS Regulations and IRS Audits
- The role of private letter rulings from the IRS in determining qualified trades or businesses
- Potential complications from actions like stock redemptions, S elections, and exceeding asset thresholds
- Recent changes in tax legislation affecting QSBS, such as the capitalization of R&D expenses
- Market Trends and Awareness
- The impact of market liquidity and legislative changes on the popularity and understanding of QSBS
- Strategies for maintaining eligibility and maximizing benefits, including the Section 1045 rollover provision for gains reinvestment
Additional Resources: