A nonresident that recognizes a gain on the sale of property in Virginia would be required to file a Virginia income tax return and compute their liability. If you sold business-use property during the year, you had a gain or a loss on the sale.Complete and file Form 4797: Sale of Business Property. An asset sale will likely result in a combination of gain taxed at both ordinary and capital gains rates, depending on the nature of the individual assets. The amount of tax that you will ultimately have to pay depends upon whether the money you make from the sale is taxed as ordinary income or capital gains. In an asset sale, the new owner purchases the business's physical assets. The seller retains all rights to the legal entity. Consulting with a tax expert can help you to flesh out a plan for how to avoid capital gains tax on a business sale, or at the very least minimize what you owe. This guide provides a comprehensive overview of taxes on selling a business, covering capital gains tax, depreciation recapture, and more.