While these indications are relevant to determining an optimal deal structure, they are inconclusive and the Revenue Tax Department has almost always attempted to double the thinking on non-competitive fees. Uncertainty is crucial for the parties to set and agree in advance on a specific competition levy to avoid unreasonable misappropriation and the resulting tax debt. As most savvy homeowners understand, there are three parties to each business sale: the buyer, the seller and the IRS. When a business is sold, it is not uncommon for part of its selling price to be due to a non-compete agreement between seller and buyer and, in most small businesses, a significant portion is attributed to the outgoing or personal overvalue of the outgoing owner. As a general rule, the portion of the sale price that is related to the valuation is considered an investment (in most cases for more favourable long-term tax rates on capital gains on the seller) and the payment obtained under the non-compete agreement is taxable as the seller`s normal income. From a tax point of view, a confederation, which is not in competition, is recognized when it can be separated from goodwill, if the agreement is negotiated separately and the federal government has proven that it has an “economic substance”. Taxpayers and consultants should pay attention to this and document the intent of a non-competition clause at the time of negotiation. In addition, it is important to understand the intended uses and methods of evaluations and evaluations for final purposes before they are enrolled for federal tax purposes. This does not mean that such an assessment does not reflect the value of a given asset, but that the intent and content of the agreement should control the tax treatment. In a 2010 Tax Court (T.C. Memo (pdf) case, a company paid a former employee $400,000 for a one-year contract without competition.

The tax court held that, although it lasted one year, the agreement was an immaterial agreement within the meaning of Section 197 of the Internal Income Code and had to be depreciated over a period of 15 years. Compare this treatment to section 338 (h) (10) or an asset acquisition where a federal government allowance provides the purchaser with the same tax treatment as a value allowance (i.e., a 15-year amortization). On the other hand, as explained below, an immaterial contract for the transfer of value does not necessarily result in a separate immaterial. On the other hand, any consideration that the seller receives in return for accepting non-competition must be considered a normal income. The purchaser can capitalize the amount of the purchase price awarded to the competition contract and is entitled to a tax deduction for the life of the federal government. From a tax perspective, the Supreme Court has held that there is a presumption that a non-competitive payment – like any other payment to a worker – is a normal working income, subject to normal income tax rates. To that end, it does not matter whether the non-competition clause was paid at the end of the employment relationship or at a later date. However, the employee has the right to rebut this presumption.

The reason for this judgment is that a payment of a non-competition clause is in fact intended to compensate the worker for the expected reduction in income (given the limitation of the possibility of fully exploiting the worker`s ability to earn) and that this remuneration should therefore be considered as a salary. 3.3.3-Conclusion: This decision concerns a shareholder who has not controlled the company`s business. In this regard, it differs from the principles applied to the #3.1 and 3.2 above when the notator was the company that actually carried out the transaction or owned the transferred assets.