Business Sale: Stock Sale Treated as Asset Sale

As a general rule, most small business sales are conducted via an asset purchase agreement which transfers the assets of the company and leaves the liabilities with the seller unless specifically assumed by the buyer. There are occasions, however, when a business transaction can more effectively be completed using a stock purchase agreement. There are two Internal Revenue Code (IRC) sections that will permit the sale of a business under a stock purchase agreement to be treated or deemed an asset sale. Read More

Exit Planning v. Estate Planning for Business Owners

Business owners are often focused on the growth and success of their businesses and sometimes don’t think about what they ultimately want to happen to their business during their lifetime and beyond. Exit planning and estate planning are used to help business owners define what they want to happen to their businesses in the future and create plans and documents to help ensure their stated objectives are achieved. Read More