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.