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Tax

Aug. 23, 2022

Business seller’s bonanza: capital gains (not ordinary income) tax

Happily, the Internal Revenue Code has a rule that should allow Seller and Buyer to salvage their initial handshake deal.

Stephen Mihaly

Attorney
KFB Rice, LLP

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Bruce Givner

Of Counsel
KFB Rice, LLP

Email: Bruce@KFBRice.com

Columbia Univ School of Law

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When it comes to the purchase and sale of a closely held business, lawyers are viewed as “deal killers.” Why?

Consider this example: Seller agrees to sell his business to Buyer for $10 million – a price they both deem fair. They shake hands.

Seller meets with his counsel, Adam Attorney. Adam asks Seller: “You will be taxed at capital gains rates, right?” Seller thinks about the difference between his 50% combin...

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