Legal & OpsUpdated January 2026·9 min read

Asset purchase vs share purchase for startup acquisitions

The trade-offs between asset and share purchases for buying or selling a small startup — tax, liability, and speed of close.

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asset purchase vs share purchase
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Buyer or seller in LOI is choosing deal structure.
TL;DR
  • 95% of sub-$1M deals close as asset purchases — cleaner liability, simpler close.
  • Share purchases preserve contracts and history but inherit every skeleton.
  • Tax treatment differs meaningfully by country. Get local advice before signing LOI.

Asset purchase, in plain English

The buyer forms a new entity and buys specific assets: code, brand, domain, customer list, contracts (assigned individually). The seller keeps the shell company and any historical liabilities. Standard for micro-deals.

Share purchase, in plain English

The buyer buys shares of the existing entity. Everything transfers automatically — customers, contracts, employees, tax history, and any hidden liabilities. Faster paperwork but heavier diligence.

FAQs

Which is more tax-efficient for the seller?

Usually share purchase in the UK (Business Asset Disposal Relief) and asset purchase in the US (Section 1202 exceptions aside). Check with a tax advisor.

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