• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
CMR ASSOCIATES CPA - TAX ACCOUNTING | SPEED ACCURACY | SOLUTIONS

CMR Associates - Tax | Accounting | Staffing

Accuracy | Solutions | Speed

  • BOI Reporting
  • Services
    • Tax Accounting
    • Business Accounting
    • Business System Implementation
    • Remote CPA Staffing
    • Business Valuation
  • Industries
    • Construction & Job Costing Industries
    • Real Estate Accounting
    • Restaurants and Hospitality Accounting
    • Doctors
    • Retail
    • Musicians
  • Pricing
  • About Us
  • New Clients
  • Client Portal
  • Contact Us
  • Show Search
Hide Search
You are here: Home / Individual Tax Advice / Divorcing business owners need to pay attention to tax implications

Divorcing business owners need to pay attention to tax implications

If you’re getting a divorce, you know it’s a highly stressful time. But if you’re a business owner, tax issues can complicate matters even more. Your business ownership interest is one of your biggest personal assets and your marital property will include all or part of it.

Transferring property tax-free

You can generally divide most assets, including cash and business ownership interests, between you and your soon-to-be ex-spouse without any federal income or gift tax consequences. When an asset falls under this tax-free transfer rule, the spouse who receives the asset takes over its existing tax basis (for tax gain or loss purposes) and its existing holding period (for short-term or long-term holding period purposes).

For example, let’s say that, under the terms of your divorce agreement, you give your house to your spouse in exchange for keeping 100% of the stock in your business. That asset swap would be tax-free. And the existing basis and holding periods for the home and the stock would carry over to the person who receives them.

Tax-free transfers can occur before the divorce or at the time it becomes final. Tax-free treatment also applies to postdivorce transfers so long as they’re made “incident to divorce.” This means transfers that occur within:

  • A year after the date the marriage ends, or
  • Six years after the date the marriage ends if the transfers are made pursuant to your divorce agreement.

Future tax implications

Eventually, there will be tax implications for assets received tax-free in a divorce settlement. The ex-spouse who winds up owning an appreciated asset — when the fair market value exceeds the tax basis — generally must recognize taxable gain when it’s sold (unless an exception applies).

What if your ex-spouse receives 49% of your highly appreciated small business stock? Thanks to the tax-free transfer rule, there’s no tax impact when the shares are transferred. Your ex will continue to apply the same tax rules as if you had continued to own the shares, including carryover basis and carryover holding period. When your ex-spouse ultimately sells the shares, he or she will owe any capital gains taxes. You will owe nothing.

Note that the person who winds up owning appreciated assets must pay the built-in tax liability that comes with them. From a net-of-tax perspective, appreciated assets are worth less than an equal amount of cash or other assets that haven’t appreciated. That’s why you should always take taxes into account when negotiating your divorce agreement.

In addition, the IRS now extends the beneficial tax-free transfer rule to ordinary-income assets, not just to capital-gains assets. For example, if you transfer business receivables or inventory to your ex-spouse in divorce, these types of ordinary-income assets can also be transferred tax-free. When the asset is later sold, converted to cash or exercised (in the case of nonqualified stock options), the person who owns the asset at that time must recognize the income and pay the tax liability.

Avoid adverse tax consequences

Like many major life events, divorce can have major tax implications. For example, you may receive an unexpected tax bill if you don’t carefully handle the splitting up of qualified retirement plan accounts (such as a 401(k) plan) and IRAs. And if you own a business, the stakes are higher. Your tax advisor can help you minimize the adverse tax consequences of settling your divorce under today’s laws.

Individual Tax Advice

Primary Sidebar

Tax. Accounting. Solutions.

Need a good accountant? We can help. Serving clients globally, we embrace distributed work environments. Book a call to learn more.

Book an appointment with Personnel Calendar using SetMore

About CMR Associates

Covington CPA and Tax Accountants Team

Tax Accounting and Business Consulting: We provide tax accounting, business accounting, Outsourced CFO, back-office CPA staffing, business system implementation, payroll, business valuation, consulting, and strategic planning services. …

Publication by CMR Associates

Charles Renwick CPA

All of the latest publications from the directors and staff at CMR …

TAX NEWS AND ADVICE

  • Business Tax Advice
  • Individual Tax Advice
  • Outsourced Accounting
  • Personal Finance
  • Remote Work

Terms and Conditions
Outsourced Accountant CPA
All the Presidents’ Taxes

Get solutions today with CMR Assocaites. Learn More

CMR Associates - Tax | Accounting | Staffing

© 2025 · Sitemap

  • BOI Reporting
  • Services
  • Industries
  • Pricing
  • About Us
  • New Clients
  • Client Portal
  • Contact Us