BE Informed

Qualified Small Business Stock: Enhanced and Here to Stay

Written by Brown Edwards | Dec 5, 2025 1:00:01 PM

Business owners planning an eventual exit have a powerful tax tool that just got significantly better. The One Big Beautiful Bill enhances Qualified Small Business Stock provisions with graduated exclusion percentages, increased gain limits, and higher asset thresholds (all now inflation-adjusted for the future). For entrepreneurs building businesses for sale or bringing in investors, understanding QSBS planning from the start could mean excluding millions in gain from federal taxation.

Graduated Gain Exclusion Percentages 

One of the most significant changes is the modification of the exclusion of gain on sale. The benefit now phases in gradually, so you can still receive substantial benefits even if you sell earlier than the previous requirements. 

Here's the new structure: 

  • 50% exclusion if you've held the stock for 3 years 
  • 75% exclusion if you've held the stock for 4 years 
  • 100% exclusion if you've held the stock for 5 years 

This graduated approach makes QSBS planning more flexible and accessible to more business owners. You're not facing an all-or-nothing proposition anymore. 

Increased Gain Limits with Inflation Adjustment 

The bill has increased the gain limit from $10 million (or 10 times the basis of stock sold) to $15 million (or 10 times basis). 

Perhaps more importantly, this limit is now inflation-adjusted. They're starting to adjust things for inflation that they didn't use to adjust. This means we won't have to keep revisiting this provision year over year to get increases that match the current market. It will happen automatically. 

Higher Asset Threshold for Qualification 

To qualify for QSBS treatment, there has always been a requirement that assets must be under a certain threshold prior to the issuance of equity. The bill has increased this threshold from $50 million to $75 million. 

This limit will also be inflation-adjusted going forward, making QSBS benefits accessible to larger businesses over time. 

Why QSBS Matters 

For business owners, QSBS can provide extraordinary tax benefits. The ability to exclude up to $15 million of gain (or 10 times your stock basis, whichever is greater) from federal taxation is one of the most powerful tax planning tools available. 

The key requirements to qualify generally include: 

  • The stock must be from a domestic C corporation 
  • It must be acquired at original issuance (not purchased from another shareholder) 
  • The company must meet the active business requirement 
  • The company's assets must be below the threshold at issuance 
  • Various other technical requirements must be met 

Planning Is Critical 

QSBS is definitely a hot topic that's not going away anytime soon. With these enhancements, it becomes an even more important consideration for: 

  • Business owners considering converting from pass-through entities to C corporations 
  • Founders issuing equity to themselves or key employees 
  • Companies planning for eventual sale or exit 
  • Investors in early-stage businesses 

The graduated exclusion percentages mean you don't have to commit to a full five-year hold to receive meaningful benefits, though the full exclusion still requires five years. 

Don't Miss the Nuances 

While I haven't gotten into all the nuances that previously applied (and still do apply) to QSBS, this is an area where details matter tremendously. Small mistakes in structuring or timing can disqualify otherwise eligible stock. 

Work with your tax advisors to: 

  • Evaluate whether QSBS could apply to your situation 
  • Ensure proper structuring from the outset 
  • Track holding periods and asset thresholds 
  • Coordinate with exit planning strategies 
  • Document compliance with all requirements 

Take Action 

If you're a business owner or are considering starting a business, QSBS planning should be part of your conversation from day one. The enhanced provisions in the One Big Beautiful Bill make this even more compelling. 

The exclusion of up to $15 million in gain (or more if based on 10 times basis) can be life-changing for successful business owners. But you have to plan for it properly from the beginning. 

Contact your tax advisor to discuss whether QSBS planning makes sense for your business and how to position yourself to take full advantage of these enhanced benefits. Don't leave millions in potential tax savings on the table by failing to plan ahead. 

Contact Brown Edwards & Company to discuss whether QSBS planning makes sense for your business and how to position yourself to take full advantage of these enhanced benefits.