Exclusion tier
100%
Excluded gain
$15,000,000
Taxable gain
$5,000,000
Per-issuer cap
$15,000,000

OBBBA created a tiered holding schedule: 3 years → 50%, 4 years → 75%, 5+ years → 100% exclusion, with the per-issuer cap raised to $15,000,000 (or 10× basis) for post-enactment stock. The gross-asset test rose to $75,000,000.

QSBS relief is exempt from AMT and NIIT. State conformity varies widely — many states don’t follow federal QSBS, so state tax can still apply. Check the state guide for the relevant jurisdiction.

Not tax, legal, or financial advice

FiscTalk provides general educational information from public sources. Tax outcomes depend on your full facts, filing history, and jurisdiction-specific rules that change yearly. Before filing or making decisions, consult a licensed CPA, EA, or attorney. FiscTalk is not a fiduciary and is not affiliated with the IRS or any state agency.

What this tool does

Section 1202 offers one of the largest tax breaks in the code: sell Qualified Small Business Stock held 5+ years and exclude 100% of the gain up to $15,000,000 per issuer. This calculator applies the OBBBA tiered exclusion (50% at 3 years, 75% at 4, 100% at 5+), the per-issuer cap, and the 10×-basis alternative, then shows the taxable remainder — the number founders and early investors actually plan around.

How to use it

  1. 1Enter the total gain on sale and your cost basis.
  2. 2Enter the holding period in years — the tier (50/75/100%) is applied automatically.
  3. 3Toggle the OBBBA rules (default on) to use the $15M per-issuer cap.
  4. 4Read the result cards: exclusion tier, excluded gain, taxable gain, and per-issuer cap.

Worked examples

Run the same scenario through the calculator above to verify every number — they come from the same sourced dataset.

3-year hold

$5,000,000 gain, 3-year holding period, $1,000,000 basis

Exclusion tier50%
Excluded gain$2,500,000
Taxable gain$2,500,000
5-year hold

$20,000,000 gain, 5-year holding period, OBBBA rules

Exclusion tier100%
Excluded gain (capped)$15,000,000
Taxable gain$5,000,000
Large exit

$50,000,000 gain, 5-year holding period, OBBBA rules

Exclusion tier100%
Excluded gain (capped)$15,000,000
Taxable gain$35,000,000

What this tool does not cover

  • Eligibility (C corp, $75M gross asset cap, original issue, 5-year hold, non-service business) is assumed — verify each requirement against IRS guidance.
  • Federal only — state conformity varies; check the state guide for your state’s QSBS treatment.
  • The 10×-basis alternative is shown when it exceeds the per-issuer cap; complex aggregations need a professional.

Common questions

What is the QSBS exclusion?

Section 1202 lets you exclude part or all of the gain from selling Qualified Small Business Stock: 50% after 3 years, 75% after 4, and 100% after 5+ years, up to the greater of $10,000,000 or 10× your basis (capped at $15,000,000 per issuer under OBBBA).

How much QSBS gain can I exclude in 2026?

After a 5-year holding period you can exclude 100% of qualifying gain up to the $15,000,000 per-issuer cap (or 10× adjusted basis if larger). Beyond the cap, the excess is taxable.

What are the QSBS eligibility requirements?

The stock must be issued by a domestic C corporation with gross assets under $75,000,000, acquired at original issue, held 5+ years, and the corporation cannot be a service business in most cases. You must also have received it in exchange for cash, property, or services.

Do states conform to the QSBS exclusion?

Not always. Some states fully conform, others partially or not at all — the state guides flag each state’s QSBS conformity status so you know if state tax remains on the excluded gain.

By: FiscTalk Editorial TeamFact-checked: External Tax Reviewer (CPA, licensed)Published: 2026-08-09Last reviewed: 2026-08-09