In an asset sale, the seller may face double taxation. Intangible assets may be subject to capital gains tax.When buying the assets of a business, some are subject to sales or use tax, while others are not. Items subject to retail sales tax. This FindLaw article helps you make the decision to purchase an existing business's stock sale or asset sale. Asset sales are structured to benefit buyers. The drawbacks for a seller mainly center around taxes. Asset sales are generally more advantageous to buyers, while stock sales are more advantageous to sellers. Any lawyer will tell you that an asset sale is procedurally more difficult. (1) Prepare business for sale including updating financial documents and list of business assets and debts in order to get the business potentially valued.