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Obama proposes no capital gains tax on qualified small business stock

startupcompanylawyer.com

11–20 of 44 posts

Re: Obama proposes no capital gains tax on qualified small business stock

#11

too little too late mister president. I agree with winterspeak in that what we need is severely reduced payroll taxes to stimulate aggregate demand.

I think pretty much everyone who has thought seriously about things agrees with you, but how can they get political support for raising other taxes to at least offset the loss in revenue, and preferably help with the ridiculous deficits we'll be running for a while?

Re: Obama proposes no capital gains tax on qualified small business stock

#12
post #4

How are they defining small business? There are quite a few definitions that exclude startups. Still, since I've spent the last few months hearing rumors about a bill allowing the president to seize any business that "threatens the economy," this is welcome news indeed.

"..the corporation must be engaged in a trade or business other than: one involving the performance of services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services or any other trade or business where the principal asset of the trade or business is the reputation or skill of one or more employees; a bank…

I don't see that as exclusionary; I read it as intending to exclude professional corporations, i.e. where you bill for time (performance of services) as opposed to charging for a product.

I imagine if they didn't exclude such, you'd have a rash of LLPs turning into C-Corps; not sure what other negative consequences they're hoping to prevent.

Re: Obama proposes no capital gains tax on qualified small business stock

#13
post #4

How are they defining small business? There are quite a few definitions that exclude startups. Still, since I've spent the last few months hearing rumors about a bill allowing the president to seize any business that "threatens the economy," this is welcome news indeed.

"..the corporation must be engaged in a trade or business other than: one involving the performance of services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services or any other trade or business where the principal asset of the trade or business is the reputation or skill of one or more employees; a bank…

how so? i read it as meaning we're in. i doubt they mean engineering in the computer engineering sense, and even if they did, most of our business are consumer services, not engineering services. further, i wouldn't say the principal asset of the business is the reputation or skill of one or more employees -- presumably the asset is the software developed and the user base around it.

Re: Obama proposes no capital gains tax on qualified small business stock

#14
post #11

too little too late mister president. I agree with winterspeak in that what we need is severely reduced payroll taxes to stimulate aggregate demand.

I think pretty much everyone who has thought seriously about things agrees with you, but how can they get political support for raising other taxes to at least offset the loss in revenue, and preferably help with the ridiculous deficits we'll be running for a while?

By not raising other taxes and cutting the massive government spending.

Re: Obama proposes no capital gains tax on qualified small business stock

#15
post #4

How are they defining small business? There are quite a few definitions that exclude startups. Still, since I've spent the last few months hearing rumors about a bill allowing the president to seize any business that "threatens the economy," this is welcome news indeed.

"..the corporation must be engaged in a trade or business other than: one involving the performance of services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services or any other trade or business where the principal asset of the trade or business is the reputation or skill of one or more employees; a bank…

Only consultants are out. If you're selling a product, you're fine. If you're offering some sort of cloud computing service, it sounds like you're fine. All the businesses listed sell people.

Re: Obama proposes no capital gains tax on qualified small business stock

#16
post #11

Earlier quoted context omitted.

I think pretty much everyone who has thought seriously about things agrees with you, but how can they get political support for raising other taxes to at least offset the loss in revenue, and preferably help with the ridiculous deficits we'll be running for a while?

By not raising other taxes and cutting the massive government spending.

In the interest of not straying too far off topic, I'm going to leave this one alone.

Re: Obama proposes no capital gains tax on qualified small business stock

#17
post #11

Earlier quoted context omitted.

I think pretty much everyone who has thought seriously about things agrees with you, but how can they get political support for raising other taxes to at least offset the loss in revenue, and preferably help with the ridiculous deficits we'll be running for a while?

By not raising other taxes and cutting the massive government spending.

to be fair. this has no precedent in the 20th century.

Re: Obama proposes no capital gains tax on qualified small business stock

#18
post #12

Earlier quoted context omitted.

"..the corporation must be engaged in a trade or business other than: one involving the performance of services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services or any other trade or business where the principal asset of the trade or business is the reputation or skill of one or more employees; a bank…

I don't see that as exclusionary; I read it as intending to exclude professional corporations, i.e. where you bill for time (performance of services) as opposed to charging for a product . I imagine if they didn't exclude such, you'd have a rash of LLPs turning into C-Corps; not sure what other negative consequences they're hoping to prevent.

they should state that more clearly then, if that is their intention.. like this it seems to me as if an engineer who designs some important technological invention and starts a startup around it, would be excluded... Also, would it be that bad if a significant amount of companies changed their formal structure in order to take advantage of this? It would mean an across-the-board incentive to create (and grow) companies, does it really matter that much what sector they're in?

Re: Obama proposes no capital gains tax on qualified small business stock

#19
Won't this just lead to businesses changing their organizational structure, then carrying on as before? For example, instead of creating departments in a big company, one could split it into several smaller companies. (I don't really know the tax law in question, but it sounds like a potential loophole).

Re: Obama proposes no capital gains tax on qualified small business stock

#20

too little too late mister president. I agree with winterspeak in that what we need is severely reduced payroll taxes to stimulate aggregate demand.

This makes no sense to me, even when I've seen it before.

I'm the classic saver. I'm the individual who they want to spend more right now.

I'm saving because it's not a certainty that my contract will be renewed right now. I could very well end up living off the savings I'm accumulating right now.

If you reduce my payroll tax, I won't spend more. I'll save more. ___

If someone is unemployed, reducing the payroll tax is not going to change anything.

If someone is insecurely employed, they aren't going to change their spending habits, they will change their savings habits. There is no gain. That's most everyone right now!

Further, why is it going to help for me to buy more Saudi, Mexican, and Venezuelan gas, or buy more Chinese goods? It seems to me that providing a sales tax break for goods and services originated in the United States would provide a much better economic lift. (I don't know if this would be legal, however.)

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