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QSBS Eligibility Checker

Section 1202 — are your gains tax-free up to $10M?

CA does not conform to federal QSBS — full gain is taxable at the state level. Consider residency planning before the sale.

Eligibility checklist

  • Issuer is a domestic C-corp
  • Gross assets ≤ $50M at issuance (and immediately after)
  • Held at least 5 years
  • Acquired at original issuance (not from another shareholder)
  • Issuer ran an active qualified business 80% of holding period
  • Acquisition date qualifies — 100% exclusion
Verdict
Eligible
100% exclusion
Net after all tax
$12,431,550
Total gain
$14,950,000
Exclusion cap
$10,000,000
greater of $10M or 10× basis
Excluded gain
$10,000,000
100% of capped
Taxable gain
$4,950,000
Federal LTCG (20%)
$990,000
NIIT (3.8%)
$188,100
State tax
$1,390,350
on full gain (non-conforming)
AMT preference
$0
n/a
Total tax
$2,568,450
Saved vs no QSBS
$2,380,000
QSBS benefit
Post-2025 update (OBBBA)

Stock issued after July 4, 2025 has tiered partial exclusions: 50% at 3 years held, 75% at 4 years, 100% at 5+, with a higher $15M cap and a $75M gross-assets threshold. Older stock follows the legacy "5 years for 100%, $10M / 10× basis cap" rule. This tool applies the older rules — for post-2025 grants, double-check with a tax pro.

Questions to ask your tax advisor
  • Confirm the company was a C-corp at issuance AND continuously through your holding period.
  • Get written confirmation of gross assets ≤ $50M (or $75M for post-2025) at issuance and immediately after.
  • Document that the company spent 80%+ of assets on active qualified business operations.
  • If you live in CA/NJ/PA/MS/AL, model residency-change planning before the sale.
  • For multiple lots: ask about per-issuance election and Section 1045 rollover.
  • Founders: confirm 83(b) was filed within 30 days of any restricted-stock grant.
Heads up — Estimate only — not tax advice. Tax rules change; verify with a CPA before filing or making decisions.
AI explainer

Ask anything about your result

The math above is deterministic. AI explains what it means — it never recalculates the numbers.

About

Qualified Small Business Stock (Section 1202) can make up to $10M of gain — or 10× your basis — federally tax-free. This checker walks through the eligibility tests and shows your potential tax savings.

How it works

  1. 01Confirm the issuer is a domestic C-corp.
  2. 02Check that gross assets were ≤ $50M when shares were issued.
  3. 03Confirm you've held the shares ≥ 5 years.
  4. 04If all tests pass, exclusion = min(gain, max($10M, 10× basis)).

Examples

Founder with $50k basis

Founder bought stock at incorporation for $50k. Holds 7 years. Sells for $15M. 10× basis = $500k, less than the $10M floor — so $10M is excluded, $5M is taxable LTCG.

Employee exercises early

Engineer exercises options at $1 strike for 100k shares ($100k basis), holds 6 years, sells for $5M. Full $4.9M gain is excluded — saving ~$1.17M in federal tax.

FAQ

What counts as 'acquired at issuance'?+
You bought from the company directly (founder stock, option exercise, employee purchase), not from a secondary market.
Does QSBS apply to SAFEs?+
Not until they convert to equity. The 5-year clock starts when the SAFE converts, not when you signed it.
What about state QSBS?+
California explicitly doesn't conform. NY, MA, NJ partially conform. Always check your state — federal exclusion doesn't automatically exempt state tax.
Can I stack exclusions across family?+
Yes — each taxpayer gets their own $10M cap. Gifting QSBS to a spouse or trust before sale is a common (legal) stacking strategy. Talk to a tax attorney.

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