In the event of divorce, part or all of a married couple’s business will often be considered divisible marital property. If you’re in this situation, you likely can divide your business ownership interests without triggering federal income or gift taxes. The spouse receiving the interests assumes the existing tax basis (to determine future gain or loss) and holding period. Tax-free treatment generally applies to transfers made before, during or up to a year after the divorce. Transfer recipients will owe taxes on any gain if they later sell the ownership interests. Contact us for more information on the tax implications of divorce.
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