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Glossary

QSBS

Definition

Qualified Small Business Stock (QSBS) is a powerful tax benefit under Section 1202 of the Internal Revenue Code. If you hold stock in a qualified small business (a domestic C corporation with gross assets under $50M) for more than 5 years, you may be able to exclude up to $10 million in capital gains from federal taxes. This makes QSBS one of the most significant tax advantages available to angel investors.

The numbers here are large enough to change your whole return. If you invest in a qualifying C corporation, hold the stock more than five years, and later exit, you may exclude the greater of $10 million or 10x your basis in capital gains from federal tax. On a winning angel investment that's the difference between keeping nearly all of a multi-million-dollar gain and handing over 20%-plus to the IRS. It's frequently the single most valuable tax provision available to early-stage investors.

The catch is the eligibility rules, and they're strict. The company must be a domestic C corporation (not an LLC or S corp) with under $50M in gross assets at the time you acquire the stock, in a qualifying line of business, and you generally must hold for the full five years. SAFEs and convertible notes are not stock yet, so the five-year clock typically starts when they convert — a detail that catches a lot of investors off guard. Because the stakes are high and the rules unforgiving, QSBS is worth confirming with a tax advisor, and worth tracking acquisition dates carefully across every position so you don't accidentally sell at four years and eleven months. This is general information, not tax advice.

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