Qualifying For The Capital Gains Exemption For Small Business Stock.

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Qualifying For The Capital Gains Exemption For Small Business Stock.

I. Background.

A. Enactment of exemption. The Creating Small Business Jobs Act of 2010, enacted in September 2010, created an exemption from capital gains tax for investments in certain qualifying C corporations made between September 28, 2010 and December 31, 2010, if held for more than 5 years. P.L. 111-240, s.760(a).

B. Extension of exemption. The Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, enacted in December 2010, extended that provision to cover investments made during 2011 as well. P.L. 111-312, s.753(b).

C. Application of section 1202. In each case, the e...

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