How to calculate capital gains taxes on the sale of a franchise?

Learn the process of calculating capital gains taxes when selling a franchise business.


Calculating capital gains taxes on the sale of a franchise involves several steps, and the specific tax treatment can vary depending on your individual circumstances. Here's a general guideline for how to calculate capital gains taxes on the sale of a franchise:

  1. Determine the Sales Price: Calculate the total sales price for the franchise, which is the amount you received from the buyer in exchange for transferring ownership.

  2. Determine Your Basis: Your basis in the franchise is essentially your investment in it. It includes the purchase price of the franchise, any capital improvements you made, and any other capital expenditures related to the franchise. If you inherited or received the franchise as a gift, your basis may be different. Your basis is important because it's used to calculate your capital gain.

  3. Calculate the Capital Gain: The capital gain is determined by subtracting your basis from the sales price. The formula is as follows:

    Capital Gain = Sales Price - Basis

  4. Determine the Holding Period: The holding period is the length of time you've owned the franchise. Capital gains are categorized as short-term or long-term, and the holding period determines the tax rate. If you held the franchise for one year or less, it's considered a short-term capital gain, and if you held it for more than one year, it's considered a long-term capital gain.

  5. Apply Capital Gains Tax Rates: The tax rates for short-term and long-term capital gains can vary depending on your overall income and tax-filing status.  the tax rates were as follows for most individuals:

    • Short-Term Capital Gains: Taxed at your ordinary income tax rates.
    • Long-Term Capital Gains: Taxed at reduced rates, typically lower than ordinary income tax rates.
  6. Calculate the Tax Owed: Apply the appropriate tax rate to the capital gain to determine the amount of capital gains tax you owe.

  7. Consider Additional Taxes: Depending on your income level, you may be subject to the Net Investment Income Tax (NIIT) if your modified adjusted gross income (MAGI) exceeds certain thresholds. This is an additional 3.8% tax on net investment income, which may include your capital gains.

  8. Deductible Expenses: You may be able to deduct certain expenses associated with the sale, such as brokerage fees or legal fees. These deductions can help reduce your taxable capital gain.

  9. State Taxes: Be aware that your state may have its own capital gains tax rate, and it could vary. Check your state's tax laws for information on any state-level capital gains taxes.

  10. Consult with a Tax Professional: Calculating capital gains tax can be complex, and tax laws can change. It's advisable to consult with a tax professional or CPA who can provide guidance specific to your situation and help you accurately calculate your capital gains tax liability.

Keep in mind that tax laws are subject to change, so it's important to stay updated on the most current tax regulations and consult with a tax professional to ensure you're following the latest guidelines when calculating and paying capital gains taxes on the sale of a franchise.

Calculating Capital Gains Taxes on Franchise Sales.

To calculate capital gains taxes on franchise sales, you will need to know the following:

  • The purchase price of the franchise
  • The sale price of the franchise
  • Your holding period for the franchise (whether you held it for more than one year)

If you held the franchise for more than one year, you will have a long-term capital gain. Long-term capital gains are taxed at a lower rate than short-term capital gains, which are gains on assets held for less than one year.

The long-term capital gains tax rate depends on your taxable income and filing status. For 2023, the long-term capital gains tax rates are as follows:

Taxable IncomeFiling StatusCapital Gains Tax Rate
Up to $41,675Single0%
Up to $44,125Married filing jointly0%
$41,676 to $459,750Single15%
$44,126 to $496,650Married filing jointly15%
Over $459,750Single20%
Over $496,650Married filing jointly20%

If you have a long-term capital gain, you will need to calculate the net gain by subtracting your purchase price from your sale price. You will then need to multiply the net gain by your capital gains tax rate to determine your capital gains tax liability.

Here is an example of how to calculate capital gains taxes on a franchise sale:

  • Purchase price of the franchise: $100,000
  • Sale price of the franchise: $200,000
  • Holding period: More than one year

Net gain: $200,000 - $100,000 = $100,000

Capital gains tax rate: 15%

Capital gains tax liability: $100,000 x 15% = $15,000

If you held the franchise for less than one year, you will have a short-term capital gain. Short-term capital gains are taxed at the same rate as your ordinary income.

For 2023, the ordinary income tax rates are as follows:

Taxable IncomeFiling StatusTax Rate
Up to $9,950Single10%
$9,951 to $40,525Single12%
$40,526 to $86,375Single22%
$86,376 to $164,975Single24%
$164,976 to $209,425Single32%
$209,426 to $523,600Single35%
Over $523,600Single37%

If you have a short-term capital gain, you will need to calculate the net gain in the same way as you would for a long-term capital gain. You will then need to multiply the net gain by your ordinary income tax rate to determine your capital gains tax liability.

It is important to note that these are just general guidelines. The specific capital gains tax rules can be complex, so it is always best to consult with a tax advisor to determine your individual tax liability.