**UPDATED December 18, 2010 at 9:00 a.m.** The proposed legislation referenced below that would extend the 100% tax for capital gains (and alternative minimum tax) on QSBS was signed by the President on Friday.  Accordingly, the 100% QSBS tax break now runs through the end of 2011.  Here is a good summary of the various items included in the Tax Relief Act of 2010.

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Just a reminder that the temporary 100% tax exclusion for capital gains (and alternative minimum tax) on Qualified Small Business Stock (“QSBS”) is set to expire at year end. In October, we prepared a summary of the temporary QSBS legislation, which is available here. In our prior post, we guessed that the law may be extended before it expires. Late last week, the Senate released proposed legislation that, if adopted, would extend the 100% tax exclusion through the end of 2011. Joe Wallin’s blog covered the proposed legislation here. For the startup community’s sake, let’s hope this piece of the proposed legislation makes it into law by year end.

Photo of Trent Dykes Trent Dykes

I am a corporate and securities attorney who represents emerging growth companies and the investors who invest in such companies. I serve as the global co-chair of the DLA Piper’s technology sector, the chair of DLA Piper’s Northwest emerging growth and venture capital…

I am a corporate and securities attorney who represents emerging growth companies and the investors who invest in such companies. I serve as the global co-chair of the DLA Piper’s technology sector, the chair of DLA Piper’s Northwest emerging growth and venture capital practice, and the managing partner of DLA Piper’s Seattle office. My practice focuses on securities offerings, mergers and acquisitions (M&A) and general corporate law. My clients are individual entrepreneurs, early stage, venture-backed and public companies and venture capital investors. I have assisted my clients in closing hundreds of seed/venture financings and M&A transactions and numerous initial and secondary public offerings. I enjoy helping startup companies navigate their way into successful enterprises.