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The ESOP Association

ESOP Association Resources

Jul. 10
The House Committee on Appropriations recently released its report on proposed fiscal year 2025 funding for the Department of Labor, which included two very strong provisions affecting ESOPs.
With respect to ESOP company valuation and the adequate consideration exemption, the Committee noted that the DOL has neglected to provide critical regulatory guidance and asks the Department to prioritize formal rulemaking:
Aug. 09
Notice to Taxpayers is Heavy on Innuendo, Light on Specifics
WASHINGTON, DC – The Internal Revenue Service today issued a statement suggesting a greater focus in the next year on S-Corp ESOPs and tax compliance, particularly for companies with a parent holding or management company structure and certain owner finance arrangements. While very short on specifics, the IRS communication appears to be driven by aggressive marketing of ESOP plans by some, although the IRS provides no specific examples of where an ESOP has been used in the manner they suggest.
Jul. 31
On a very strong 24-2 bipartisan vote, the Senate Appropriations Committee has passed the Labor, Health and Human Services, Education and Related Agencies Appropriations Bill for the 2024 Fiscal Year that begins October 1. As one of 12 annual spending bills Congress must pass before the end of September, this is the initial step in funding the U.S. Department of Labor for the next year.
Jul. 11
Longstanding Priority of The ESOP Association Includes Creation of a New Division at DOL Specifically Tasked With Growing Employee Ownership in America
Jun. 01
U.S. Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), the Chairman and Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, have sent a bipartisan letter to Acting Secretary of Labor Julie Su urging the Department of Labor to prioritize the WORK Act in its implementation of SECURE 2.0.
Apr. 14
DOL Commits to Provide Long-Sought Regulatory Clarity with Stakeholder Input on the Valuation of Company Shares to be Bought by an ESOP
Washington, D.C., April 14, 2023 – In a major victory for Employee Stock Ownership Plans (ESOPs), the U.S. Department of Labor has committed to move forward with a public notice and comment rulemaking on a key regulation the community has sought since ESOPs were first created in 1974. The regulation will clearly define Adequate Consideration under Section 408(e) of the Employee Retirement Income Security Act of 1974 (ERISA).
Dec. 07
The ESOP Association has been working with Congress during this congressional session on bipartisan retirement security legislation.  That important legislation – which includes provisions that affect every ESOP and employee ownership in general – is being considered in the final days of the current Congress.  If this bill, which was painstakingly negotiated and enjoys broad bipartisan support, doesn’t pass now, the entire legislative process must start over next year. 
Sep. 22
Washington, D.C. – The ESOP Association (TEA) today exercised its rights under the Administrative Procedure Act to petition the U.S. Department of Labor (DOL) to undertake a long-delayed rulemaking essential to the formation and ongoing operation of ESOPs. Since 1974, the Department of Labor has steadfastly refused to fulfill requirements of the Employee Retirement Income Security Act (ERISA) in violation of Congressional direction and stakeholders’ rights under the Administrative Procedure Act (APA).
Jun. 23
Employee ownership is continuing to see support in Congress, coming off two huge wins in the U.S. Senate.  This time the House Appropriations Committee is considering a bill that would continue to direct the Small Business Administration to act in support of employee ownership.  This effort continues the drumbeat in Congress, led by The ESOP Association, supporting employee ownership.  Details are below.  
Jun. 22
Senate Finance Committee passes the Enhancing American Retirement Now (EARN) Act, which includes a provision partially expanding section 1042 tax deferral to ESOPs that are S-corporations. The EARN Act section 1042 provision matches a similar provision in the Securing a Strong Retirement Act (H.R 2954) which passed the House of Representatives in March.  The bill passed the Senate Finance Committee with unanimous support.