This form is an Asset Purchase Agreement. The buyer agrees to purchase from the seller certain assets which are listed in the agreement. The form also provides a listing of certain assets which will be excluded from the sale. The form must be signed in the presence of a notary public.
California Asset Purchase Agreement - Business Sale
Category:
State:
Multi-State
Control #:
US-00418
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Asset Purchase Agreement - Business Sale?
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FAQ
When a person liable for sales and use taxes sells his or her business or stock of goods, the Buyer must withhold a specific portion of the purchase price to pay any sales or use taxes owed by the Seller to the California State Board of Equalization ("SBE") (RTC Section 6811).
In an asset sale, sellers are subject to potentially higher taxes than in a stock sale. While intangible assets, such as goodwill, are taxed at capital gains rates, other hard assets may be taxed at higher ordinary income tax rates. Currently, federal capital gains rates are around 20%, while state rates vary.
An asset sale involves the purchase of some or all of the assets owned by a company. Examples of common assets which are sold include; plant and equipment, land, buildings, machinery, stock, goodwill, contracts, records and intellectual property (including domain names and trademarks).
The bill of sale is typically delivered as an ancillary document in an asset purchase to transfer title to tangible personal property. It does not cover intangible property (such as intellectual property rights or contract rights) or real property.
In an asset sale, a firm sells some or all of its actual assets, either tangible or intangible. The seller retains legal ownership of the company that has sold the assets but has no further recourse to the sold assets. The buyer assumes no liabilities in an asset sale.
The result reflects whether your company made a profit or took a loss on the sale of the property.Step 1: Debit the Cash Account.Step 2: Debit the Accumulated Depreciation Account.Step 3: Credit the Property's Asset Account.Step 4: Determine the Property's Book Value.Step 5: Credit or Debit the Disposal Account.
Some items are exempt from sales and use tax, including: Sales of certain food products for human consumption (many groceries) Sales to the U.S. Government. Sales of prescription medicine and certain medical devices.
In an asset purchase, Buyer and Seller allocate the purchase price to the different assets, first to tangible assets, based on fair market value, then to intangibles other than goodwill, and finally to goodwill. The Buyer takes the assets with a tax basis equal to the portion of the purchase price allocated to them.
As of October 2016, only five states in the U.S. do not impose a state sales tax. The rest have a state sales tax with California charging the most. As a retailer, it is your responsibility to file and pay the sales taxes on products you sell within the state although most retailers simply charge it to the customer.
An asset purchase agreement is an agreement between a buyer and a seller to purchase property, like business assets or real property, either on their own or as part of a merger-acquisition.
