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. 23
Read how to maintain the confidentiality of your valuation reports while providing necessary access to auditors.
Mar. 11
What value does control bring in an ESOP transaction or annual valuation? This brief offers discussion and analysis on this important topic.
This brief was updated in March 2021.
This brief was updated in March 2021.
Sep. 01
This issue brief describes common accounting practices for non-leveraged and leveraged ESOPs.
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.
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 Brief, Repurchase Obligation, Valuation, Resource
Feb. 25
Understanding the repurchase obligation and its effect on an ESOP company’s valuation.
ESOP Brief, Repurchase Obligation, Opportunity Cost, New Present Value, Redeem, Recycle, Resource
Feb. 25
Using opportunity cost to understand the true cost of the repurchase obligation on an ESOP company’s share price.
ESOP Brief, Synthetic Equity, Warrants, Options, Valuation, Resource
Feb. 25
Written for ESOP fiduciaries and trustees, this Brief discusses the interplay of synthetic equity, warrants, and various valuation methods.