U.S. Treasury Data, 2012-2022

Who Actually Uses It

These are the people who took the risk. Founders who spent years building something. Employees who took below-market salary for equity. Investors who wrote checks when nobody else would.

75%

used it exactly once in 11 years

One exit. One reward. Only 6% claimed it five or more years.

$67,820

75th percentile annual exclusion

The typical meaningful QSBS exit. Median is just $2,810, pulled down by micro-claims.

2.55%

of all capital gains in 2021

QSBS is a rounding error in total capital gains.

Who QSBS actually helps

Senior Engineer

An engineer sells qualifying shares held for six years, realizing $40K of gain after basis.

With full exclusion $0 state tax
Without exclusion $5,320

First-time Founder

A founder sells qualifying shares held for eight years, realizing $2M of gain after basis.

With full exclusion $0 state tax
Without exclusion $266,000

Early Employee

An early employee sells qualifying shares held for six years after exercise, realizing $150K of gain.

With full exclusion $0 state tax
Without exclusion $19,950

Seed Investor

An investor sells qualifying shares for $200K after seven years, with $25K of basis and $175K of gain.

With full exclusion $0 state tax
Without exclusion $23,275

Hypothetical comparison at a flat 13.3% rate, assuming qualifying stock acquired September 28, 2010 through July 4, 2025 and unused exclusion capacity. California does not allow the QSBS exclusion; its modeled tax is the “without exclusion” amount. Actual tax depends on income and other rules — try the calculator.

How large is a typical QSBS exclusion?

Annual exclusion amount by percentile. 90% of claimants exclude less than $591K.

Source: Treasury OTA WP-127, Table 1. Percentiles of annual individual QSBS exclusion claims, 2012-2022.

Distribution data: U.S. Treasury OTA Working Paper 127, January 2025. Archetype examples are illustrative, based on typical QSBS claim profiles.

The other 13%: trust claims

$6.65 billion

Trust QSBS exclusions in 2021 — 13% of that year's total, up from nearly nothing in 2012. Related nongrantor trusts can each take a separate per-issuer cap.

That stacking is the real top-end problem. It is not an argument for taxing the median $2,810 individual claim. See the reform proposal.

Source: Treasury OTA WP-127, 2021 trust/estate claims.

What you can do

Oregon pledged a 2027 QSBS bill. New York kept conformity after a public fight.

Most legislators voting on QSBS have not seen the Treasury data. Send it to them.