Discussion:Sale of stock in S Corp with installment payments

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Revision as of 12:56, 30 September 2006
Rkhcpa (Talk | contribs)
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Scot1 (Talk | contribs)
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{{ForumNewPost|UserID=Rkhcpa|Date=30 September 2006|Text=I have a client who is selling his 40% ownership in an S corp. He will receive a downpayment and then installment payments for 3 years. The amount of the sale is to be $200,000. Is the $200,000 that he will receive taxable in the year of the sale of the stock as a capital gain to him or can he claim each years installments separately as a capital gain? Would it benefit him to take a smaller amount for the sale of the stock, say $20,000 and then take the installments as non-compete payments?}} {{ForumNewPost|UserID=Rkhcpa|Date=30 September 2006|Text=I have a client who is selling his 40% ownership in an S corp. He will receive a downpayment and then installment payments for 3 years. The amount of the sale is to be $200,000. Is the $200,000 that he will receive taxable in the year of the sale of the stock as a capital gain to him or can he claim each years installments separately as a capital gain? Would it benefit him to take a smaller amount for the sale of the stock, say $20,000 and then take the installments as non-compete payments?}}
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 +{{ForumReplyPost|UserID=Scot1|Date=30 September 2006|Text=I believe the installment method can be used in this instance. I certainly would not suggest you turn a capital gain (sale of capital asset - stock) into ordinary income (non-compete payments).}}

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Discussion Forum Index --> Tax Questions --> Sale of stock in S Corp with installment payments

Rkhcpa (talk|edits) said:

30 September 2006
I have a client who is selling his 40% ownership in an S corp. He will receive a downpayment and then installment payments for 3 years. The amount of the sale is to be $200,000. Is the $200,000 that he will receive taxable in the year of the sale of the stock as a capital gain to him or can he claim each years installments separately as a capital gain? Would it benefit him to take a smaller amount for the sale of the stock, say $20,000 and then take the installments as non-compete payments?

Scot1 (talk|edits) said:

30 September 2006
I believe the installment method can be used in this instance. I certainly would not suggest you turn a capital gain (sale of capital asset - stock) into ordinary income (non-compete payments).