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Senate Introduces Pro-ESOP Bill

Author: SG&F Law

S. 1512 has been introduced by Senators Benjamin Cardin (D-MD), Pat Roberts (R-KS) and Olympia J. Snowe (R-ME) as the Senate counterpart to H.R. 1244, the “Promotion and Expansion of Private Employee Ownership Act of 2011.” If passed, S. 1512 will:

  • Permit owners of S stock to sell the stock to an ESOP and defer the capital gains tax on his/her gain if the proceeds are reinvested in the equities of U.S. operating corporations as owners of C corporations stock have done under IRC 1042 since 1984.
  • Establish an office in the Department of Treasury to provide technical assistance to S corporations with ESOPs.
  • Provide that a small business, S or C, eligible for one of the many programs provided by the Small Business Administration, remain eligible for SBA programs if the company becomes owned 50% or more by an ESOP, and the workforce remains the same or nearly the same as before the establishment of the 50% ownership by employees through the ESOP.

We encourage all ESOP companies and their advisors to ask their local Senators to support the bill. More information on the bill can be found on The ESOP Association’s website at www.esopassociation.org.