Business Structuring Aspects of the PATH Act
By Steven B. Gorin, JD | Thompson Coburn LLP
The Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”) was enacted on December 15, 2015. Extensive legislation, the PATH Act permanently reduced the built-in gains recognition period from 10 years to 5 years for C corporations making an S election. It also made permanent the exclusion of gain on the sale of certain C corporation stock originally issued to the seller. This article discusses business restructuring in light of the PATH Act.
Download this article to review the following:
- The impact of the legislation on existing C corporations contemplating an S election.
- The legislation’s permanent exclusion of gain on certain C corporation stock.
- The author's conclusion that despite the implications of the PATH Act, the partnership remains a recommended form of business entity.