first sell has to be after 12 months

I have a question about capital gain, If I start a business and sell a couple days after (asset heavy business). could I get long-term capital gians if i break up the payments to ver 1 year, example:

first payment= 51% of purchase price at closing

second payment=49% of purchase price 368 days later.

Since the sell took longer then 1 year can I get long tern cpaital gain on the sale?