Design Therapeutics is pioneering a clinical treatment for monogenic nucleotide repeat expansion diseases, which have been identified as the cause of more than 40 degenerative diseases affecting millions of people, with their GeneTAC platform in which they are developing molecules that can turn on and off specific disease causing genes. They are in preclinical trials for treatment of both Friedreich Ataxia and Myotonic Dystrophy.
Please note, it is important to assess the company’s business activities against Section 1202(e)(3) which specifies certain industries that are not considered a “qualified trade or business.”
Per Section 1202, entities need to be a C Corporation or equivalent in order to issue QSBS. Refer here for further details.
Given the Company was incorporated after September 27, 2010, all shares could be eligible for up to a 100% tax exclusion if the other QSBS criteria are met.
Any individual owning stock purchased or received directly from the company could potentially be eligible for the QSBS capital gains tax exclusion or the Section 1045 gain rollover if the QSBS standards as per IRC Section 1202 were met at the time of issuance.
In order to assess whether stock issued previously may qualify, the Company would also have to have not taken actions that invalidate QSBS status such as a certain level of redemptions, and would have to satisfy the active business requirement.
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