Difference Between Asset Sale And Stock Sale For Tax Purposes In Miami-Dade

Category:

Small Business - Business Sale

State:

Multi-State

County:

Miami-Dade

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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In an asset sale, the buyer selects specific assets and typically avoids inheriting liabilities. One major difference between a stock sale and asset sale is that the buyer typically does not acquire the existing liabilities of the selling company.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. An asset sale is when the business's assets, such as inventory, are purchased. Generally, a stock sale is better for the seller and an asset sale is better for the buyer. An asset sale allows the transfer of specific assets and liabilities while the seller remains being owner of the legal entity. Sellers generally favor stock sales over asset sales because all the gains of a stock sale are taxed at the lower capital gains rate. In a stock sale, the buyer acquires equity from the target company's shareholders. Buyers typically prefer structuring acquisitions as asset deals because they receive a stepup in the basis of the acquired assets.

Difference Between Asset Sale And Stock Sale For Tax Purposes In Miami-Dade

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