Formation, Liquidation and Entity Select

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Question

What tax applies to non-excluded §1202 gain?

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Answer

28% plus 3.8% NIIT.

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Question

Why is contributing appreciated property to a partnership often less tax-costly than contributing it to a corporation?

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Answer

Partnerships preserve built-in gain under §704(c).

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Question

Why are partnerships more flexible than corporations for staged contributions?

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Answer

§721 has no control requirement.

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Question

Why is a C corporation usually the costliest entity to liquidate?

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Answer

Both the corporation and shareholders recognize tax.

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