By: Daniel M. Zugell, CLU, ChFC, LUTCF and Samuel A. Landman J.D., LL.M. With 10,000 baby boomers (those born between 1946-1964) turning 65 each day for the next two decades, it is no surprise that most are looking to retire. According to a recent Price Waterhouse...
Articles
Unlocking Liquidity: Selling Your Business to an ESOP
An employee stock ownership plan – better known as an ESOP - can be an attractive and tax efficient alternative for owners of private companies that are seeking liquidity but do not want to sell to a third-party buyer. An ESOP is a qualified retirement plan that...
Executive Benefits for ESOP Owned S Corporations Post IRC Secs. 409A and 409(p)
History of ESOPs in S Corporations Daniel M. Zugell, CLU, ChFC, LUTCF Pete Shuler Fred H. Thomas History of ESOPs in S Corporations In 1996, Congress passed the Small Business Job Protection Act,[1] which allowed a trust associated with an employee benefit plan...
Why ESOPs Are Becoming More Popular Among Architecture and Engineering Firms
Every year, the National Center for Employee Ownership (NCEO) publishes a list of the nation’s 100 largest employee-owned companies. In 2020, architecture and engineering (A&E) firms accounted for 17 of these companies making the industry one of the most...
EMPLOYEE OWNERSHIP BILLS GAIN MOMENTUM
Two bills have been recently introduced in the United States Congress to promote employee ownership to perpetuate American businesses and provide retirement security to the American workforce. Both H.R. 2096 and S. 1212 bills are titled “Promotion and Expansion...
Employee Stock Ownership Plans Gain Traction in the Construction Industry
The National Center for Employee Ownership (NCEO) publishes an annual list of the nation’s 100 largest employee-owned companies. Construction and contractors accounted for 13 of the firms on the 2020...
ESOP Trustees Should Require Peer Review in ESOP Valuations
One of the most important fiduciary responsibilities of an ESOP trustee is to establish the annual stock price. This can be accomplished by seeking an independent valuation firm for purposes of establishing the fair market value of the sponsor's stock, since a...
The Fallacy of the December 31 Closing for ESOP Transactions
While many businesses and their owners wish to close an Employee Stock Ownership Plan (ESOP) transaction by or on December 31, the importance of doing so can be overstated. Many businesses and business owners contemplating a sale, merger or other liquidity...
ESOPs – Recycling Stock vs. Retiring It
When a former employee is being paid his stock from an ESOP, and he has the right to "put" the shares back to the company or the plan, the company often has to make a tough decision --- Do we retire (redeem) the shares (buying them back into the...
Frequently Asked Questions Related to Employee Stock Ownership Plans (ESOPs)
Employee ownership can be an attractive option for owners looking to sell their business while maintaining their legacy and protecting the wellbeing of employees. The following article answers common questions related to the creation, financing, valuation and tax...
