The Consolidated Appropriations Act of 2023 (P.L. 117-328) includes the Worker Opportunity, Readiness and Knowledge (WORK) Act, sponsored by Senators Bernie Sanders (I-VT) and Jerry Moran (R-KS), which creates the Employee Ownership Initiative at the DOL to promote employee ownership and directs the DOL to provide formal guidance on the vital issue of properly valuing shares of company stock to be bought by an ESOP– a key rule long missing from the ESOP regulatory landscape. The law included new provisions allowing S corporation ESOPs limited use of section 1042 tax deferral.
The ESOP Association
ESOP Association Resources
Aug. 16
As part of President Biden’s legislative agenda, the Inflation Reduction Act of 2022 becomes law. Among the policies enacted, a new excise tax is imposed on stock repurchases – with bipartisan support, ESOPs were specifically excluded from this tax, protecting the ESOP structure that relies on stock repurchases and creating a new incentive to form ESOPs. ESOPs become eligible transactions under the State Small Business Credit Initiative (SSBCI) loan program.
Apr. 24
During the COVID pandemic, The ESOP Association works with Congress and the SBA to ensure ESOPs are eligible for Paycheck Protection Plan (PPP) loans under the CARES Act. This critical guidance was issued by the Small Business Administration (SBA) and Treasury Department, and was supported by key ESOP Congressional Champions.
ESOP Surveys, Economic Performance Survey, Revenue, Profits, Productivity, ESOPs Share the Wealth, Resource
Oct. 17
The Economic Performance Survey has been the yardstick for measuring the success of The ESOP Association’s member companies since 2000.
May. 24
The Main Street Employee Ownership Act is signed into the law, as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. The law makes it easier for small companies to use the Small Business Administration’s 7(a) program to finance a transition to an employee-owned business, such as an ESOP.
ESOP Surveys, Resource, Benefits, Company Size, Diversification
May. 16
This survey of ESOP Association corporate members, conducted every five years, offers unique insights—including aggregated data on company size, benefits, diversification, and industries—into the ESOP community.
Feb. 01
Despite strong pressure to find ways to pay for a new tax cut, The ESOP Association and its partners successfully fight to keep ESOP tax benefits intact.
Mar. 14
The Department of Labor proposes regulations that would make advisors to ERISA plans—including ESOP appraisers—fiduciaries under ERISA. A grassroots effort on Capitol Hill helps ensure the new regulations would not adversely affect ESOPs and the “fiduciary rule” is rejected.
Aug. 17
The ESOP Association and other employee benefit groups play a major role in Congress making permanent many Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) provisions that benefit sponsors of defined contribution plans, such as ESOPs.
Jan. 18
A nationwide grassroots effort stops a push to limit the tax benefits of S corporations sponsoring ESOPs. Instead, Congress approves an initiative sponsored by The ESOP Association to expand the tax deduction paid on ESOP stock. Various pro-ESOP proposals become law upon enactment of the popular ERISA reform legislation. Notably, 80 percent of the members of key tax committees in the House and Senate take public positions in support of ESOPs.