Asset Acquisition Statement: Under Section 1060PDF 2025

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Special Allocation Rules For Certain Asset Acquisitions. the gain or loss of the transferor with respect to such acquisition, the consideration received for such assets shall be allocated among such assets acquired in such acquisition in the same manner as amounts are allocated to assets under section 338(b)(5).
This section prescribes rules relating to the requirements of section 1060, which, in the case of an applicable asset acquisition, requires the transferor (the seller) and the transferee (the purchaser) each to allocate the consideration paid or received in the transaction among the assets transferred in the same
(Under IRC 1060, certain sales of interests in a partnership holding a trade or business are treated as an asset sale.) Sales of such interests by nonresidents would therefore be subject to New York personal income tax to the extent that the trade or business assets held by the partnership were located in New York.
Form 4797 (Sales of Business Property), issued by the IRS, is used to report financial gains made from the sale or exchange of business property. The form requires a variety of information to be provided, such as the description of the property, the purchase date, depreciation, and the cost of the purchase.
Franchise Tax. Newly Incorporated or Qualified Corporation Exception. Income Tax. Apportionment of Income.
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The section 1060 method must be used to allocate purchase price when someone is buying a business as opposed to a piece of equipment. IRS regulations also require use of the section 1060 method in any sale involving assets with goodwill or going concern value.
The seller usually seeks to maximize amounts allocated to assets that will result in capital gains tax while minimizing amounts allocated to assets that will result in ordinary income taxes.
Both the purchaser and seller must file Form 8594, Asset Acquisition Statement Under Section 1060. The purpose of Form 8594 is to determine the treatment of the assets for tax purposes, establish the basis of the acquired assets for the purchaser, and the sellers gains and losses from the asset transfer.

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