Does the Section 1202 capital gains tax exclusion for 2010 make it a *really* good idea to exercise all options now?


Based on my reading of the Section 1202 small business act law, it seems like if you exercise any options you have now, the stock you gain from that exercise will never be subject to capital gains tax.

Under the Act, the capital gains from investments made between September 27, 2010 and January 1, 2011 in qualified small business stock are generally not subject to taxation.
This seems, well, ridiculous! I mean it's great if it is true and you hold a bunch of options, but seems strange that if you exercised options on September 26, 2010, that stock will have to pay capital gains on the sale, but the stock exercised a day later wouldn't.

Tax Capital Gains

asked Nov 18 '10 at 05:06
Michael Pryor
2,250 points
  • I wonder how fast I could get the S corp "converted" to a C corp... - it might have helped me find investors and also encourage an existing one to convert the debt to equity... Oh well. – Tim J 7 years ago
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I thought I just read that there is a requirement to hold it for 5 years. But I think your overall notion is sound. It's a good time to be an Angel.

answered Nov 18 '10 at 05:14
John Bogrand
2,210 points

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Tax Capital Gains