§453 · Sell Med Spa Defer Capital Gains

Selling Your Med Spa Without the Year-One Tax Hit

The aesthetics consolidator wave hit hard 2022-2024 and is still rolling. Skin Spirit, LaserAway, Alchemy 43, Ever/Body, Frownies, Cure Aesthetics, regional platforms — most paying 5-10x EBITDA. A $500K EBITDA med spa = $2.5M-$5M sale price.

§453 Mechanic — How the Money Flows

Buyer cash → Assignment Co. → A-rated carrier → You, on schedule

BUYER pays full cash at closing ASSIGNMENT CO. qualified entity, regulated purchases annuity A-RATED CARRIER Pacific Life · MetLife Independent Life · USAA SELLER (you) paid on chosen 5-30 yr schedule Closing day — one wire, one assignment Gain recognized proportionally each year per IRC §453 (Treas. Reg. §15A.453-1)

Lump sum: federal + state taxes typically eat 38-42% of the deal in year one. §453 deferral on the goodwill portion drops effective rate to 28-32%.

The math — $3.5M med spa sale

StateState rateLump-sum tax10-yr §453 taxDelta
California13.3%~$1.48M (42%)~$1.22M (35%)$259K
New York10.9%~$1.40M~$1.15M$246K
Florida0%~$1.02M~$0.84M$180K
Texas0%~$1.02M~$0.84M$180K

Assumptions: $3.5M, 60% goodwill ($2.1M), 25% equipment ($875K — lasers, RF devices), 15% product inventory + retail ($525K).

Med-spa tax wrinkles

  1. Device §1245 recapture is brutal. CoolSculpting, Fraxel, Picosure, Sciton, Alma, Morpheus8, Sofwave — $100K-$300K devices under MACRS. Recapture at ordinary rates in year one.
  2. Botox / filler / Sculptra inventory. Ordinary income on sale; check expiration dates — product near expiry = write-down.
  3. State medical-board ownership rules. Most states require physician ownership or MD-supervisor structure (CA Bus & Prof §2052, similar elsewhere). MSO/Friendly PC structure common.
  4. Member / subscription program. Recurring revenue = goodwill character on sale. Higher multiple.
  5. Provider non-competes. RN injectors, NPs — retention determines goodwill value. Earn-outs often tied to provider retention.

When this fits

  • $1.5M+ sale, high goodwill from membership/recurring revenue
  • Consolidator buyer

When it doesn't

  • Mostly equipment sale
  • Solo provider with no team

How I work

Hans Goldstein, IRC §453 specialist. Pacific Life, MetLife, Independent Life, USAA Life — 50 states. Free fit-check.

Frequently asked

Q: I'm a non-physician owner via MSO. Does that change §453? A: No. The MSO/Friendly PC structure affects how the practice is organized but not the §453 mechanic on the sale.

Q: Skin Spirit / LaserAway — do they paper §453? A: Yes, routinely.

Hans Goldstein, NPN 20602398

📄 Get the §453 Quick Reference PDF + free fit-check

4-page reference card on the §453 SIS mechanic, when it fits, §453-vs-DST comparison, and state-by-state math. Built for sellers and CPAs.

Drop your info — instant PDF download + within 1 business day Hans will email a preliminary read on which structure fits your deal. No retainer. Carrier compensates the broker — not you.

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📞 Hans Goldstein · 615-808-9731 · CA Insurance License #4322192 · Independent §453 specialist · Goldstein & Co. LLC

Educational. Not tax or legal advice.

Run your specific numbers

The calculator runs your sale through real 2026 federal + state tax brackets and shows §453 savings vs lump sum side-by-side.

Run the calculator → 615-808-9731