Selling a small business in San Diego County, California, can be a rewarding yet complex process, especially when it comes to navigating the tax implications. There are multiple layers of applicable tax laws that can apply to a transaction, including taxes on the sales proceeds and sales tax on certain items within the sale itself.

When you sell your business, you could face capital gains taxes, which can be substantial depending on the selling price. California’s high state income tax rate, which is among the highest in the nation, means the proceeds from the sale could be taxed at both the federal and state levels. Additionally, the sale structure—whether it’s an asset sale or a stock/share sale—can significantly affect your tax obligations.

Sales tax is levied by the state on furniture, fixtures and equipment in asset sales. It is vitally important to negotiate who will pay for that sales tax in the purchase agreement.

To minimize tax liabilities when selling your small business, it’s crucial to engage in strategic planning. One of the key steps is to structure the sale in a way that benefits both parties—your buyer and you. For example, some sellers may consider using an installment sale to spread out the tax impact over several years, which may reduce your overall tax liability. However, you should always consult with an experienced tax advisor who specializes in M&A transactions to explore tax-saving strategies and advising on the best structure of the sale. As a San Diego business owner, working with local professionals familiar with applicable law can make a significant difference in minimizing your tax exposure during the sale process.