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Should I use Schedule D to report sale of Insurance Book of Business?

taxman4775
Level 1

Client sold his Book of Business back to the company. First payment of $25000 was received in 2018. Should this be reported on Schedule D as sale of capitol asset?

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TaxMonkey
Level 8

Is he still working for the company?  This is a nuance area.  In general, the sale of a self created intangible, such as a client list is a capital gain, but many deals are more complicated than that:


If you are interest in learning more about the nuances I suggest starting here:


https://www.journalofaccountancy.com/issues/2011/jan/capitalgain.html

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3 Comments 3
TaxMonkey
Level 8

Is he still working for the company?  This is a nuance area.  In general, the sale of a self created intangible, such as a client list is a capital gain, but many deals are more complicated than that:


If you are interest in learning more about the nuances I suggest starting here:


https://www.journalofaccountancy.com/issues/2011/jan/capitalgain.html

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dd4vols
Level 10
Level 10

yes... this would be a capital asset....but shouldn't you be using Form 6252 as an installment sale since you only rec'd partial payment during sale year?

If an answer solves your issue, click on the "Accept as Solution" button! Makes it easier for people to find answers to similar questions that have already been posted.
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qbteachmt
Level 15

I closed the other two places you asked this same question. This is not Live Chat; you have to give your peer user Volunteers a chance to see a topic that they might consider themselves able to answer.

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