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Asset Sale or Stock Sale? The Double Tax on a C Corporation: the two routes in the example

2026 law · reviewed September 7, 2026

A $5,000,000 sale, $1,000,000 inside basis, $500,000 stock basis, 20% plus the 3.8% surtax (§§ 11(b), 331, 1411)
StepAsset saleStock sale
Sale price$5,000,000$5,000,000
Corporate tax at 21% on the gain over the inside basis$840,000None
Distributed to the shareholder in liquidation$4,160,000Not applicable
Shareholder tax at 23.8% on the gain over the stock basis$871,080$1,071,000
Total tax$1,711,080$1,071,000
What the shareholder keeps$3,288,920$3,929,000
Price that leaves the shareholder equal$6,063,291$4,160,000

A $5,000,000 sale, $1,000,000 inside basis, $500,000 stock basis, 20% plus the 3.8% surtax (§§ 11(b), 331, 1411).

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