Section 1202 of the Internal Revenue Code (Section 1202) provides substantial benefits to non-corporate shareholders of certain C corporations. Whether a client is looking to form a business, or a client is seeking to invest in an already formed and established business, the client should be aware of the benefits and risks associated with forming or acquiring different types of entities.

Clients should understand that every entity, whether it be a C corporation, S corporation, limited liability company, partnership, etc., has certain benefits and risks associated with them. Some benefits and risks are obvious, such as centralized management, limited liability and basic tax consequences—however, certain tax benefits are not as well known or understood.