11/02/2026
What are the tax implications of selling a business?
The tax cost to the seller resulting from the sale of a business can be greatly affected by the structure of the sale. Similarly, the structuring can significantly impact the tax benefits to the buyer in a business acquisition.
The allocation of payments between the buyer and seller is a critical element in determining the tax treatment of those payments for both parties. For example, the sale of stock in a corporation is treated as the sale of a capital asset subject to capital gains income tax rates. Assuming the sale qualifies for long term capital gain treatment, the tax rate may be up to 20% to the seller. The gain on the sale of stock is calculated as the difference between the sale price and the seller’s basis in those shares.
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