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Old 03-06-2004, 06:55 AM
Stuart Bronstein
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Default Re: Annuity vs Stock Swap

sethb[at]panix.com (Seth Breidbart) wrote:
- quote -

> Dick Adams <rdadams[at]smart.net> wrote:

> > 2. Can one sell/exchange a patent for stock in the buyer's
> > company as a non-taxable event?


> One can create a new corporation and contribute the patent
> to it.


Which is a tax-free transaction.

- quote -

> The buyer's company can merge with that company in a
> non-taxable stock transaction.
> I have no idea whether there's a simpler way.


It depends on the size, capitalization and ownership of the
acquiring corporation. But most likely your approach is the
simplest way.

Stu

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Old 03-05-2004, 06:37 PM
Seth Breidbart
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Default Re: Annuity vs Stock Swap

Dick Adams <rdadams[at]smart.net> wrote:

- quote -

> 2. Can one sell/exchange a patent for stock in the buyer's
> company as a non-taxable event?


One can create a new corporation and contribute the patent
to it.

The buyer's company can merge with that company in a
non-taxable stock transaction.

I have no idea whether there's a simpler way.

Seth

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  #-1  
Old 03-01-2004, 05:48 PM
Dick Adams
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Default Annuity vs Stock Swap

Within the last few weeks, there were at least two threads
that covered selling a business or a patent for cash,
annuity, or stock. Here are some questions:

1. Can one sell/exchange a patent for bonds in the buyer's
company as a non-taxable event?

2. Can one sell/exchange a patent for stock in the buyer's
company as a non-taxable event?

3. Can one sell/exchange a patent for stock the buyer's
company is holding for investment as a non-taxable
event?

4. If yes, how is that different from selling an apartment
building for stock the buyer is holding?

5. If the seller of a business intends to treat the stock
received as an annuity, i.e., live off of the dividends
and the sale of shares, why is that different for tax
purposes from a guaranteed structure payment annuity
that cannot be liquidated or transferred?

Dick

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