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Tell HN: 100% exemption for angel investors extended through 2011

thomas.loc.gov

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Re: Tell HN: 100% exemption for angel investors extended through 2011

#11
post #4

FYI, Thomas searches time out after 30 min; can you give a direct cite to the congressional record or a permalink? (Click Share/Save, e.g., " http://hdl.loc.gov/loc.uscongress/legislation.111hr4259 ) Good news, but yeah, would love to see exactly the bill that you are referring to. Thanks!

HR4853, section 760

http://tinyurl.com/2fc9ore

Re: Tell HN: 100% exemption for angel investors extended through 2011

#12
post #2

Unfortunately, I still haven't been able to get a straight answer on how this applies to founders (versus investors). What about co-founders contributing time or IP instead of cash? Previous discussion here: http://news.ycombinator.com/item?id=1972515 and http://news.ycombinator.com/item?id=1555363 and probably several others

Without having any guideline to go by, as far as the small cash amount, logically (not that the real life application of tax laws by the IRS is logical) it seems like paying PAR value in cash would cross that hurdle.

Re: Tell HN: 100% exemption for angel investors extended through 2011

#13
post #9

My two cents (check with a good CPA or tax lawyer to make sure, as my specialty is not tax law, though I generally have a good working knowledge of the subject - be ready to get bleary-eyed, though, this is tax , and think of it as a basic overview only): For years (since 1993), section 1202 of the U.S. tax code has provided a partial exclusion of gain realized on the sale of "qualified small business stock" (QSB sto…

Please let me know which (if any) charity you would like me to donate to -- I earlier was looking for a lawyer to look into this and the applicibility for founder shares. A year extension is a bonus.

Re: Tell HN: 100% exemption for angel investors extended through 2011

#14

FYI, links to Thomas are dynamic and die after about 20 minutes - OP or mod should update with a permalink to this (final version of the bill, no partisan content): http://democrats.senate.gov/pdfs/MAT10785.pdf The party link is only because Harry Reid is still majority leader and it was up there first. Not a lawyer or accountant, but a very quick look says partnership/s-corp/homeowner (ha!) capital gains taxed at 0%…

...must be configured as an LLC.

That sounds exactly backwards from the previous (through 2010-12-31) exemption, and Grellas' discussion of what a 'qualified small business' is above. Typo?

Re: Tell HN: 100% exemption for angel investors extended through 2011

#15

FYI, links to Thomas are dynamic and die after about 20 minutes - OP or mod should update with a permalink to this (final version of the bill, no partisan content): http://democrats.senate.gov/pdfs/MAT10785.pdf The party link is only because Harry Reid is still majority leader and it was up there first. Not a lawyer or accountant, but a very quick look says partnership/s-corp/homeowner (ha!) capital gains taxed at 0%…

> The party link is only because Harry Reid is still majority leader and it was up there first.

Reid is still Senate Majority Leader next month.

Re: Tell HN: 100% exemption for angel investors extended through 2011

#16
post #14

FYI, links to Thomas are dynamic and die after about 20 minutes - OP or mod should update with a permalink to this (final version of the bill, no partisan content): http://democrats.senate.gov/pdfs/MAT10785.pdf The party link is only because Harry Reid is still majority leader and it was up there first. Not a lawyer or accountant, but a very quick look says partnership/s-corp/homeowner (ha!) capital gains taxed at 0%…

...must be configured as an LLC. That sounds exactly backwards from the previous (through 2010-12-31) exemption, and Grellas' discussion of what a 'qualified small business' is above. Typo?

[deleted]

Re: Tell HN: 100% exemption for angel investors extended through 2011

#17
post #14

FYI, links to Thomas are dynamic and die after about 20 minutes - OP or mod should update with a permalink to this (final version of the bill, no partisan content): http://democrats.senate.gov/pdfs/MAT10785.pdf The party link is only because Harry Reid is still majority leader and it was up there first. Not a lawyer or accountant, but a very quick look says partnership/s-corp/homeowner (ha!) capital gains taxed at 0%…

...must be configured as an LLC. That sounds exactly backwards from the previous (through 2010-12-31) exemption, and Grellas' discussion of what a 'qualified small business' is above. Typo?

Just carelessness, sad to say. I spent all of 2 minutes looking at it as I was on the way out.

Re: Tell HN: 100% exemption for angel investors extended through 2011

#18
post #5
post #2

Unfortunately, I still haven't been able to get a straight answer on how this applies to founders (versus investors). What about co-founders contributing time or IP instead of cash? Previous discussion here: http://news.ycombinator.com/item?id=1972515 and http://news.ycombinator.com/item?id=1555363 and probably several others

I met with George Grellas at Grellas & Associates yesterday about exactly this, it's potentially a huge benefit for founders, I believe it does require some small cash amount along with IP. I am in the process of creating an entity through Grellas & Associates and was going to pay extra to have the process expedited to take advantage of this tax benefit that I believed expired at the end of this month. Can someone pl…

Here is a link to a PDF summary. Now just waiting for the President to sign it. http://tax.cchgroup.com/downloads/files/pdfs/legislation/bus...

I have spent a lot of time on this over the past few weeks. I'm amazed at how few CPA's actually understand this legislation.

Re: Tell HN: 100% exemption for angel investors extended through 2011

#19
George, awesome post. Another suggestive possibility, to borrow from your astute way of phrasing, may be for stock option holders to weigh exercising the vested portions of their options prior to January 1, 2012. Such date being the new date that the exclusion expires, as I understand is provided in the law the President signed today.

Re: Tell HN: 100% exemption for angel investors extended through 2011

#20
Official link to the extension:

http://www.gpo.gov/fdsys/pkg/BILLS-111hr4853enr/pdf/BILLS-11...

SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) IN GENERAL.—Paragraph (4) of section 1202(a) is amended— (1) by striking ‘‘January 1, 2011’’ and inserting ‘‘January 1, 2012’’, and (2) by inserting ‘‘AND 2011’’ after ‘‘2010’’ in the heading thereof. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to stock acquired after December 31, 2010

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