For fast-growing companies, becoming a C corporation for income tax purposes can offer significant tax savings for their shareholders. Section 1202 of the Internal Revenue Code (IRC) is a powerful tool for attracting investors with funds to fuel a company's growth. 

To qualify for these tax benefits, both the company and shareholder must meet specific requirements, and non-compliance can result in missed opportunities for savings. It is crucial for businesses to have a comprehensive understanding of the qualifications and technical aspects of Section 1202 to make the most of this tax law.

In this episode, Brooks Nelson, Tax Partner and Sarah McGregor, Tax Director, are joined by Barry Weins, Tax Director and Molly Gill, Transaction Tax Senior Associate. Together they discuss how qualified business stock offers a valuable opportunity to exclude capital gains from taxation, making it a powerful tool for attracting investors and fueling the growth of small to mid-sized businesses.

Listen to learn more about: 

• 02:11 – Section 1202 background
• 04:57 – Businesses that qualify for Section 1202
• 05:47 – Beneficial transaction examples
• 06:42 – Recurring questions regarding Section 1202 
• 10:37 – Difficulties of collecting client information
• 13:31 – Factors investors should consider
• 18:02 – How to become eligible for Section 1202 
• 20:03 – How state provisions vary

Related Guidance 

• Article: LLC vs. S Corp: Which Offers Better Tax Savings?
• Webinar: Maximize Tax Savings Through Cost Segregation, Section 179D, and Section 45L Approach and Client Success Stories