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What is QSB stock? | UBS Trending for Wednesday, April 13, 2021 - YouTube
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Hi everyone and
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welcome to another pisode of
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UBS trending I'm your host
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Anthony Pastore thanks for
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joining us there are different
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opportunities for investors to
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grow their wealth in ways that
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fit their individual needs one
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tool to consider for this is
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qualified small business stock
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you might be asking what that
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is and joining me now to
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discuss that is Todd Mayo
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senior wealth strategist here
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at UBS Todd nice to have you
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join the show and I know we've
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got a lot of questions to get
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to but I have been reading a
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lot about. Qualified small
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business stock and I thought
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maybe you could start us off by
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talking about what that is to
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the viewers who may not
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understand exactly what we mean
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by qualified small business
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stock. Sure Great to
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join you today- So a qualified
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small business stock in
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Congress back in nineteen
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ninety three- create a
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disincentive. For folks to take
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entrepreneurial risks- and
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started off small and they've
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expanded over time. Now we is
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qualified small business stock.
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Yeah the benefit is you can
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exclude for most people it's up
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to ten million dollars worth of
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gain. Some people can actually
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qualify for more than that- so
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there's some real real benefits
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to taking this this risk.
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Qualified small business stock
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there's both- company level and
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shareholder level. Requirements
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the big ones are at the company
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level it's a C. corporation at
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the time that it issues the
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stock it has to have fifty
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million or less of- gross
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assets- it's going to be
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involved in certain types of
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qualifying. Active businesses-
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and then at the shareholder
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level there's a five year
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holding period. There's
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something called the original
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issue requirement where you
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receive the stock either
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exchange for capital
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contribution that you've made
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to the company or- as
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compensation for services and-
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you've got either be an
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individual or other non
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corporate taxpayer. There's
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other requirements some of them
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get hyper technical but those
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are the those are the-
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requirements. For Q. S. B.
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stock. Great yeah that's a good
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like thirty thousand foot view
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for that thank you Todd so I
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know that you and your
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colleague Brian Hans recently
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wrote an article about how.
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Hedging transactions can spoil
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the benefits of QSB stock.
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How could someone lose those
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benefits using a hedging
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transaction. Yeah these there's
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certainly there's for
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for some people this natural
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desire to once they've
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experienced this big
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appreciation in the value of
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the stock to try to protect
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that. That gain and for some.
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Particularly for directors and
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officers of some companies
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they're gonna be kind of
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protected from that because the
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companies may have an anti
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hedging a policy in place. But
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for others you know there's
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this risk existence they may
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try to- pursue one of the
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strategies- what happens is if
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you have what the code the tax
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code calls an offsetting
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short position. With respect to
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your QSB stock- you lose
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that exclusion you lose it
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entirely- and the tax law
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gives us some guidance on with
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that but- we don't have a lot-
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so we know for example- selling
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short. Are substantially
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identical property- to
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acquiring an option to sell
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substantially identical-
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property or even writing a
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call option where the other
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side made- more likely than
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not- exercise the right to
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buy- those are all situations
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where you get into this.
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Offsetting short position that
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can spoil the tax benefits now
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there鈥檚 some planning
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opportunities that exist but-
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that's the that's the default-
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result. As you just completely
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lose the exclusion. What you
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know so we're sitting in middle
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of tax time and especially with
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the extended may seventeenth
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deadline folks may still be
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thinking about it are there any
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other. Tax issues that the
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shareholders should consider
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especially when making their
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elections. Yes so the you know
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one thing that the shareholder
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can do is there
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there is this ability to make
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an election to have a which
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essentially it deems sale at
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the time of the create the
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offsetting. Short position so
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if they do that they will
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continue to have the ability to
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exclude the gain so long as
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they held the shares for that
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five year period- they'll make
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that election of taking-
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recognize the gain but get the
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benefit of the- the exclusion.
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Now the follow on the
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implications that you're
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talking about is you know. The
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shareholders should think about
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what are the- following.
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Considerations for example yeah
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we don't have any direct
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guidance are authority on this
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but making that election for
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the deem sale probably resets
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the holding period for that
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stock. And so now depending on
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the type of transaction that
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the shareholder entered into
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maybe that holding period can't
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mature into a long term. And so
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you're stuck with short term
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and you may end up having a
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situation where you're going to
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be- subject to short term- tax
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rates rather long term tax
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rates- and obviously that may
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put you a higher tax situation
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Accentuation so those are the
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right contact on and as- right
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exactly and as we always say
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when we're any kind of wealth
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planning items that we
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don't actually give tax advice
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at UBS to make sure to talk to
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a tax professional or your
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accountant for more
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information- and you know Todd
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just continuing really quickly
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if a shareholder does hedge.
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Q. S. B. stock and doesn't does
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not make the election are there
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any implications for the family
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members of the shareholder. Yes
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it mean that the- any related
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person also ends up losing the
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exclusion. And in fact. Some
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shareholders will do is they'll
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go through and employ what we
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call stacking- strategies
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where they look to multiply the
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exclusion- primarily through
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the use of trusts that are
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themselves treated as their own
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taxpayers. And so if you know I
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have- QSB shares. Enter into an
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offsetting a short position.
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Don't make the election not
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only do I spoil it for myself I
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spoil it from my parents my
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siblings my children. And I
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also can spoil it for these
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trusts that I've set up to do
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to take advantage. Of the
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stacking techniques. It was
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really good know Todd thank you
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so much I know that there
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probably is a you know a good
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amount of people out there who
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have a lot of questions about
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Q. S. B. stock. The thanks for
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sitting with us today in
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explaining of what what that is
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and all the nuances by the way
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I love your background it looks
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kind of like you sitting in
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front of a- of a van Gogh
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painting which is a pretty cool
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actively. Thank you. That any
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anytime it's the day of virtual
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of you know backgrounds and I
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know yours is actually a real
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one so it's pretty impressive
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Todd thank you very much Todd
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Mayo senior wealth strategist
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UBS that's- thank Todd. UBS's on
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social media everybody you can
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follow us on linkedin Instagram
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Twitter and Facebook where
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you'll find time the content
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from our best thinkers and
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intellectual capital that can
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help you make more informed
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investment decisions now as we
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said UBS does not provide tax
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advice to make sure to talk to
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a tax professional if you have
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any questions and as always
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when it comes to your portfolio
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speak with your financial
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adviser thanks for joining us
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today everybody don't forget to
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check out our other episodes on
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demand of UBS trending which
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can be found on our website.
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UBS dot com forward slash
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studios as well as the UBS
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channel on YouTube until next
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time I'm Anthony Pastore have a
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great day and remember to keep
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your eyes on what's trending
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See you soon.
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