Business sale by IRC Sec. 338.(laws and regulations of selling of business by business owners)
Publication Date: 01-MAY-07
Publication Title: The Business Owner
Format: Online
Author: Presogna, Jeffrey J.

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Description

Every business purchase and sale transaction must be structured as either an asset sale or stock sale. But the method chosen has substantial tax and liability implications for the buyer and seller--in completely opposite directions.

The seller benefits greatly from a stock sale. The buyer wants an asset purchase. This begs the question "Why can't we have it both ways?" Believe it or not, the Internal Revenue Code (IRC) contains a set of laws that allows just that--sort of. IRC Section 338 allows the seller to sell stock and enjoy...

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