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Level 3
March 11, 2021
Question

SALE OF INTANGIBLE

  • March 11, 2021
  • 1 reply
  • 6 views

My client sold business assets within S corporation to an unrelated party. Assets included equipment, goodwill, covenant not to compete and trade marks.  I did some research and am confused whether gain on sale of intangible assets such as goodwill, covenant not to compete and trade mark are capital gain on S corporation tax return or ordinary income. I read article that personal goodwill is capital gain.  But this is enterprise goodwill.  Thanks for advice.

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1 reply

sjrcpa
Level 15
March 11, 2021

Goodwill is capital gain.

Covenant not to compete is ordinary. But the S Corp entered into a noncompete?

Trademark is capital asset I think.

The more I know the more I don’t know.