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Additional
Section 1202 Tax Exclusion
Extra Break on
Small Business Stock Acquired in 2009 and 2010
It may be wise to hold off selling your qualified small business stock if
it is issued in 2009 or 2010. In general, you can exclude 50 percent of
the gain on the sale of qualified small business stock that was held for
more than five years. However, the remaining 50 percent of the gain is
taxed at the 28-percent capital gains rate, so the entire gain on the sale
is effectively taxed at a rate of 14 percent.
For qualified small business stock issued after February 17, 2009, and
before January 1, 2011, the 50-percent exclusion is increased to 75
percent. Thus, only 25 percent of the gain is taxed at the 28-percent
rate, which effectively taxes the entire gain at a rate of 7 percent. You
still need to hold the stock for five years, so you’ll have to project
your tax situation five years from now to determine if it’s worth the
wait.
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