Tax Architecture • Arizona OD Practice Sales

Arizona Practice Sale
Tax Implications: A Physician's Briefing

The difference between an asset sale and a stock sale in an Arizona optometry transaction is not an accounting footnote — it can represent $150,000 to $400,000 in after-tax proceeds on a $2M transaction. Lumina Medical Capital ensures you enter every negotiation with the tax architecture mapped.

Tax Disclaimer: This report is educational intelligence — not tax advice. Arizona and federal tax law governing practice sales is complex, fact-specific, and subject to legislative change. Engage a qualified healthcare CPA before structuring or executing any practice sale transaction. See our Scottsdale OD Advisory Directory for vetted healthcare CPA resources in the Maricopa County market.

Intelligence Report — Node 07

The Tax Architecture of an Optometry Practice Sale

Lumina Medical Capital structures capital for Arizona optometry transactions at the intersection of finance, regulatory compliance, and tax architecture. The tax dimension of a practice sale is not a post-close consideration — it is a negotiating variable that must be optimized during transaction structuring, before the purchase agreement is drafted.

Most Arizona ODs approach a practice sale with a single number in mind: the purchase price. Buyers — particularly DSO platforms and institutional capital committees — arrive with a second number already calculated: their after-tax cost. The gap between these two perspectives is where most transaction value is lost. Understanding the tax treatment of every component of your transaction proceeds is the analytical discipline that closes that gap.

The Foundational Decision

Asset Sale vs. Stock Sale: The Most Consequential Tax Choice

Nearly every optometry practice sale in Arizona is structured as one of two fundamental transaction types — and the tax consequences for the seller differ materially between them.

Structure A — Buyer Preferred

Asset Sale

The buyer acquires specific named assets of the practice — equipment, patient records, goodwill, lease assignment, covenant not to compete — rather than the ownership entity itself. The buyer receives a stepped-up cost basis in each acquired asset, enabling future depreciation deductions. This is why most buyers, especially DSOs, strongly prefer asset sale structure.

Seller Tax Consequence

The seller faces a blended tax rate — different asset categories receive different treatment. Goodwill and covenant not to compete proceeds are taxed at capital gains rates. Equipment sold above book value triggers ordinary income (depreciation recapture). Allocation between categories is negotiated via IRS Form 8594 and carries significant tax implications.

Capital Gains Rate
Goodwill: 20%*
Ordinary Income Rate
Recapture: 37%*
Structure B — Seller Preferred

Stock (Equity) Sale

The buyer acquires the ownership entity — the professional corporation or LLC — rather than its underlying assets. The seller transfers their equity interest. No asset-level allocation is required. The entire proceeds are typically treated as a single capital asset sale, receiving long-term capital gains treatment if held more than one year. Buyers generally resist stock sales due to undisclosed liability risk.

Seller Tax Consequence

The seller receives long-term capital gains treatment on the entire net gain — the sale price minus the seller's adjusted basis in the equity. No depreciation recapture. No ordinary income component. The after-tax proceeds on a $2M stock sale can exceed an equivalent asset sale by $120,000–$250,000 for a high-income Arizona OD.

Tax Character
Long-term cap gains
Federal Rate (max)
20% + 3.8% NIIT*

*Rates shown are federal maximums. Arizona state income tax of 2.5% applies additionally. Actual rates depend on filing status, income level, and entity structure. Consult your CPA.

Asset Allocation Architecture

The Form 8594 Allocation: Where Transaction Value Is Won and Lost

In an asset sale, both buyer and seller must file IRS Form 8594 reflecting the agreed purchase price allocation across seven asset classes. The allocation determines tax character — and therefore the seller's after-tax proceeds. Negotiating the allocation is as important as negotiating the headline price.

Lumina's capital advisory engages your healthcare CPA before LOI execution to establish an allocation strategy that maximizes capital gains treatment on the largest possible portion of transaction proceeds.

Class Asset Type Seller Tax Rate
I Cash & cash equivalents Ordinary
II Marketable securities / CDs Ordinary / Cap Gains
III Accounts receivable / inventory Ordinary
IV Mark-to-market assets Ordinary
V Equipment, furniture, tangible assets Recapture (Ordinary)
VI IRC §197 intangibles (non-goodwill) Ordinary
VII Goodwill & going-concern value Capital Gains ✓

Seller's strategy: maximize allocation to Class VII (goodwill — capital gains). Minimize allocation to Class V (equipment — ordinary income via recapture) and Class VI (intangibles — ordinary income). Buyer's incentives are frequently the opposite. The allocation is negotiable.

Installment Sale: Spreading the Tax Burden

When a seller accepts a seller note (deferred consideration), the installment sale method allows capital gains to be recognized ratably as payments are received — rather than all in the sale year.

Spreads capital gains across the note term (typically 3–7 years), potentially keeping the seller in a lower bracket each year.

Interest on the seller note is taxable as ordinary income annually — keep note rate at the IRS Applicable Federal Rate minimum.

Seller bears default risk on uncollected installments — buyer creditworthiness and collateral structure are critical.

Not available for depreciation recapture — recaptured ordinary income must be recognized in the sale year regardless.

Arizona State Tax Considerations

Flat 2.5% Arizona income tax on all taxable income — there is no separate Arizona long-term capital gains rate. Capital gains are taxed as ordinary income at the state level.

No Arizona estate tax — simplifies estate planning around practice exit for older ODs.

Transaction privilege tax (TPT) does not typically apply to professional practice sales, but equipment and inventory transfers may trigger specific classification analysis.

Residency matters — ODs who relocate outside Arizona before closing may be subject to multi-state apportionment depending on where the practice income was generated.

Related Intelligence
Arizona Optometry Ownership Laws & HB 2026 — Regulatory Structure Briefing
Access Report
Tax-Optimized Transaction Structure

The Price Is One Number.
The After-Tax Proceeds Are Another.

Lumina Medical Capital engages tax architecture at the term-sheet stage — not after the purchase agreement is signed. The allocation negotiation, structure selection, and installment mechanics are decided before you commit to a buyer. That sequence is the difference between the price you accepted and the proceeds you received.

Initialize Practice Equity Assessment

Complimentary advisory. Coordinate with your healthcare CPA.