Installment Sale With Earnout
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FAQ
In general, when you sell a business asset or stock for a gain with an earnout, you must report it as an installment sale, unless you choose to "elect out" of that type of treatment.
However, if the earnout is part of the purchase price, the seller can defer part of its tax liability under the installment sale method. In this case, the tax timing varies depending on whether the maximum possible purchase price and the earnout period can be determined.
Earnouts determined to be part of the business combination (i.e. consideration) are measured at fair value at the acquisition date, and enter into the calculation of goodwill. After the acquisition, accounting for changes in the fair value of earnouts depends on whether they are classified as equity or liability.
Form 6252 is used to report income from the sale of real or personal property coming from an installment sale. This form is filed by anyone who has realized a gain on the property using the installment method. New rules allow taxpayers to defer part or all of the capital gain into a Qualified Opportunity Fund.
Earnouts may be described in various ways, but they usually call for one or more installments of additional purchase price to be paid to sellers when, usually in a later year or later years, the parties can determine whether or not the specified financial results have been achieved or the goals have been met.