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SALE OF INTANGIBLE

lilhk3
Level 1

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 Comment 1
sjrcpa
Level 15

Goodwill is capital gain.

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

Trademark is capital asset I think.


Ex-AllStar