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Tax Blog

Section 1202 Stock for Investors

  • The Center for Financial, Legal, & Tax Planning, Inc.
  • Aug 7
  • 2 min read

Investing can be a game-changer for building wealth, particularly when it comes to supporting small businesses. Section 1202 of the Internal Revenue Code shines a spotlight on this by offering substantial tax benefits to investors in qualified small businesses (QSBs). This provision allows you to exclude capital gains from the sale of specific small business stocks, making it an appealing choice for those looking to invest in startups and growing companies. By getting to know how Section 1202 stock works, you can make smarter investment choices and take full advantage of potential returns.


What is Section 1202 Stock?


Section 1202 stock comes from qualified small businesses (QSBs) that meet certain IRS criteria, such as being a domestic C corporation with gross assets under $50 million at the time of stock issuance. To benefit from capital gains exclusion, you must buy the stock at its original issue and hold it for at least five years. This can allow you to exclude up to 100% of capital gains on qualified stock sales, potentially saving you significant taxes and enhancing your investment returns. For instance, if you invest in a startup that grows over five years, you could sell it without paying taxes on the gains, keeping substantial profits.


Benefits of Investing in Section 1202 Stock


Investing in Section 1202 stock offers significant benefits:


  1. Economic Growth: By investing in small businesses, you help drive innovation and job creation. According to the U.S. Small Business Administration, small businesses have contributed to 64% of new jobs in the past two decades.


  2. High Return Potential: While startups carry higher risks, they also offer remarkable return potential. Research indicates that early-stage companies can yield returns of 3x to 10x over a decade, often surpassing traditional stock market averages.


Risks and Considerations


While the advantages of Section 1202 stock are appealing, it's important to consider the associated risks:


  • Higher Risk of Failure: Investing in small businesses carries a significant risk, with about 20% failing within the first year and 50% within five years. Conduct thorough due diligence on the business model, market conditions, and founders' experience before investing.

     

  • Complex Qualification Requirements: Not all small businesses qualify as QSB under IRS criteria. It's essential to understand these requirements to secure tax benefits. Consulting a tax professional or financial advisor can help navigate this process and ensure compliance.


Final Thoughts


Section 1202 stock offers a unique opportunity for investors who are eager to tap into the growth potential of small businesses while enjoying substantial tax advantages. By understanding the ins and outs of this provision, you can make informed decisions that align with your financial objectives. However, it's crucial to balance the allure of rewards against the risks and complexities involved. With careful planning and informed choices, Section 1202 stock can be a valuable part of your investment strategy. For more information, contact The Center for Financial, Legal, and Tax Planning, P.C. at 997-3436.


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The Center for Financial, Legal & Tax Planning, P.C.

4501 West DeYoung Street | Suite 200 | Marion, IL 62959

Phone: 618-997-3436 618-997-0479| Fax: 618-997-8370

info@taxplanning.com

© 2023 by The Center for Financial, Legal & Tax Planning, P.C.  at www.taxplanning.com

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