Difference Between Asset Sale And Stock Sale With Sale In California

Category:

Small Business - Business Sale

State:

Multi-State

Control #:

US-00418

Format:

Instant download

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Description

This form is an Asset Purchase Agreement. The buyer agrees to purchase from the seller certain assets which are listed in the agreement. The form also provides a listing of certain assets which will be excluded from the sale. The form must be signed in the presence of a notary public.

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An asset sale is the purchase of individual assets and liabilities, whereas a stock sale is the purchase of the owner's shares of a corporation. A stock purchase is a complete purchase of a company, including all the assets and liabilities.Stock purchases thus have different tax outcomes. Unlike asset sales, stock sales do not require conveyances of each individual asset. Stock sales tend to be faster and less expensive in comparison to an asset sale since the business is valued and sold as a whole. In an asset sale, sellers are subject to potentially higher taxes than in a stock sale. Asset Sale lets buyers choose specific assets and liabilities; Stock Sale doesn't. An asset sale allows the transfer of specific assets and liabilities while the seller remains the owner of the legal entity. It is impossible to make a generalized statement that asset sales are taxed at "ordinary income" or stock sales are taxed at "capital gains".

Difference Between Asset Sale And Stock Sale With Sale In California

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