Tax on the sale of a business: what you actually keep

In 2026, long-term capital gain on goodwill is taxed federally at 15% up to $613,700 of taxable income for joint filers ($545,500 single) and 20% above, but equipment recapture and non-compete payments are ordinary income. Structure and allocation can move your tax by six figures.

Updated 2026-09-23 · 6 sources · By the TradeExit Guide team

Not tax advice. This is a simplified planning estimate. Bring the numbers to a CPA before you agree an allocation in the LOI.

After-tax proceeds calculator

Rough federal + state tax and net cash from a sale price, by deal structure and price allocation. Uses 2026 federal capital gains thresholds (IRS Rev. Proc. 2025-32).

Not tax advice - a simplified planning estimate. Assumes goodwill has no tax basis, treats all equipment gain as ordinary recapture, ignores the 0% bracket, AMT, state-specific rules, installment-sale deferral and payroll tax on consulting. Confirm with a CPA before you negotiate allocation. Federal thresholds: IRS Rev. Proc. 2025-32; state rates: Tax Foundation.

2026 federal rates the calculator uses

Item2026 ruleSource
Long-term capital gains0% / 15% / 20%; 20% starts above $613,700 (MFJ) or $545,500 (single) of taxable income

IRS Rev. Proc. 2025-32

Net investment income tax3.8% above $250,000 MAGI (MFJ) / $200,000 (single); thresholds are not indexed. Gains from a business you materially participate in are generally excluded.

IRS Topic 559

Unrecaptured Sec. 1250 gain (real estate)Taxed at a maximum 25%

IRS Topic 409

Equipment depreciation recapture (Sec. 1245)Taxed as ordinary income

IRS Topic 409

Price allocationBuyer and seller report the allocation across asset classes I-VII on Form 8594

IRS Form 8594

Seller notesInstallment method can spread gain over payments, but recapture is taxed in the year of sale

IRS Pub. 537

Three levers that change your tax

  • Asset vs stock sale. Buyers prefer asset deals (they get a stepped-up basis); sellers usually prefer stock deals (mostly capital gain). C corporations selling assets face tax at the company and again on distribution. See asset sale vs stock sale.
  • Allocation. Dollars assigned to goodwill are usually capital gain; dollars assigned to fully depreciated equipment, a non-compete or a consulting agreement are ordinary income. The buyer wants the opposite, so allocation is a negotiation.
  • Timing. A seller note can spread gain across years under the installment method; an earn-out may too. See seller financing and earn-outs.

Frequently asked questions

How much tax will I pay when I sell my business?

It depends on structure, allocation and your state. For a pass-through owner selling mostly goodwill, federal tax is usually 15-20% on the gain, plus state tax (0% in Florida and Texas, up to 13.3% in California), plus ordinary rates on equipment recapture and any non-compete payments.

Does the 3.8% NIIT apply to selling my business?

Usually not if you materially participate in the business, per IRS guidance on net investment income. Passive owners generally owe it above the $200,000 / $250,000 thresholds.

Can I avoid capital gains tax entirely?

Rarely for trade businesses. Section 1202 (QSBS) applies only to qualifying C corporation stock and excludes many service fields, including health and accounting. See the Section 1202 guide.

Sources

  1. IRS Rev. Proc. 2025-32 (2026 inflation adjustments) (accessed 2026-09-23)
  2. IRS Topic 559 - Net investment income tax (accessed 2026-09-23)
  3. IRS Topic 409 - Capital gains and losses (accessed 2026-09-23)
  4. IRS - About Form 8594, Asset Acquisition Statement (accessed 2026-09-23)
  5. IRS Publication 537 - Installment sales (accessed 2026-09-23)
  6. Tax Foundation - State individual income tax rates and brackets (updated Apr 2026) (accessed 2026-09-23)