Angels can make up to $15 million tax free thanks to changes in the One Big, Beautiful Bill Act. This is part of a huge expansion of Qualified Small Business Stock (QSBS) in the new bill.
What’s New With QSBS
These changes to the rules around QSBS apply to shares acquired from July 4th onward. Here are some of the key provisions:
- Maximum tax free gain is now $15 million (up from $10 million)
- Max tax free gain is now indexed to inflation.
- Tax benefits come sooner. You get 50% of your gains excluded from tax within 3 years and 75% within 4 years. At 5 years, 100% of your gains up to $15 million are excluded. (Before the bill, you only got exclusions after 5 years.)
- Maximum assets of the startup you’re investing in can be up to $75 million (up from $50 million).
This is a massive expansion of QSBS.
Making startups with up to $75 million in assets eligible for QSBS means that the vast majority of angel investments should qualify. Startups usually don’t have that much in assets until Series B or C at the earliest. Meanwhile, angels are usually investing from pre-seed to Series A.
The benefit is also indexed to inflation for the first time ever. That means Congress won’t need to revisit this any time soon.
Is QSBS a Giveaway to the Rich?
Getting $15 million tax free is pretty awesome for us. But is it good tax policy?
My view is that QSBS is a critical way to build America’s economy and ensure we remain #1 in tech. Startups are a huge engine of job creation in America. Venture-backed startups create jobs at 8x the pace of other companies!
QSBS is a giveaway to the rich, no doubt. I don’t need this benefit, and neither do most angels.
But QSBS gives investors a strong incentive to back startups. Without QSBS, they might invest their money in private credit, real estate, or the good old S&P 500.
And if you let me keep $15 million in gains tax free, what am I going to do with it?
I might buy a house. But most of the money will go to…you guessed it…more startups!
“And on and on it goes, this thing of ours,” as Paulie Gualtieri said in The Sopranos.
Tax savings under QSBS may be unfair in some ways, but they benefit all Americans in the end.
Wrap-Up
Critical caveat here: don’t rely on me for tax advice!
I’m not a tax or financial advisor. In fact, I use an accountant who is well versed in startup investments and QSBS.
You should do the same. If you want to evaluate an accountant’s knowledge of QSBS, just ask him to explain the law to you. He should be able to explain it clearly and correctly.
With the right advisor, you’ll have the best shot at getting the most out of this huge expansion of QSBS!
More on tech:
Where I’m Finding the Best Startups Now
My Biggest Losses as an Angel Investor
Do Non-Founders Make Better Investors?
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