United States: Capital Gains Tax

The One Big Beautiful Bill Act transforms the qualified opportunity zone program by removing its 2026 expiration date and introducing enhanced incentives for long-term investments. Investors now face critical decisions about timing their 2026 gains, navigating new zone designations, and structuring funds to maximize tax benefits including a potential 30% basis increase for rural investments.

Idaho's newly approved Opportunity Zones offer tax incentives to investors who fund development projects in designated communities across the state. The program connects private capital with real estate and business ventures in areas including Boise, Coeur d'Alene, and Post Falls, potentially bringing new housing, jobs, and economic activity to these regions.

An S corporation election offers early-stage tax advantages but introduces significant constraints on venture financing, equity compensation structures, and exit strategies. Understanding five key restrictions—from shareholder eligibility rules to QSBS disqualification—helps founders determine whether S corporation status aligns with their growth trajectory and capital-raising plans.

First enacted in 1993, Qualified Small Business Stock (QSBS) has emerged as one of the most powerful wealth-building mechanisms available to founders, early employees, and venture investors. Section 1202 of the Internal Revenue Code provides substantial tax benefits, allowing up to $15 million in capital gains to be shielded from federal taxes on qualifying stock sales. With Congress expanding the exclusion in 2025, understanding the requirements and strategic implications of QSBS has become increasingly cr

As Treasury scrutinizes aggressive trust stacking strategies that multiply QSBS tax exclusions, venture-backed founders and investors face a critical window to optimize their tax planning. The article examines how this powerful wealth-building tool is evolving and what stakeholders need to consider before potential regulatory changes reshape the landscape.

In this episode of Splitting Heirs, partners Beth Shapiro Kaufman, National Chair of Private Client Services and Trusts and Estates Chair, and Kristin V. Taylor join host Warren K. Racusin to discuss the One Big Beautiful Bill through a tax and estates lens.

Qualified small business stock (QSBS) and non-QSBS issued to founders, employees and independent contractors is generally subject to Section 83.

Many founders make tax decisions that affect their exit from the business long before a buyer appears, when they’re still privately held and focused on growth rather than liquidity.

Asset versus stock purchase structures create fundamentally different tax, liability, and operational outcomes in M&A transactions. Understanding how deal structure affects basis step-up, successor liability exposure, contract assignment requirements, and after-tax proceeds is essential for Oklahoma buyers and sellers navigating acquisitions in 2026, particularly following the OBBBA tax law changes that reshaped QSBS treatment and capital gains planning.