Welcome back! Ask questions, get answers, and join our large community of tax professionals.
cancel
Showing results for 
Search instead for 
Did you mean: 

A Covenant Not to Compete for the seller of the business. I know that it would be listed on Form 4797, but would it be considered ST or LT?

DRS19
Level 3
 
0 Cheers
2 Comments 2
dkh
Level 15

short term - it's taxed as ordinary income

DRS19
Level 3

That is what I originally thought, but then I found this.  A covenant not to compete that is in the purchase agreement can be treated as a capital asset to the purchaser and seller, if the covenant is closely related to the sale of business goodwill.  In my situation, I think that it is, but it is definitely confusing.  

0 Cheers