Unique Tax Deferral Opportunity with an ESOP Sale

Under a specific set of facts, a C-corporation sale to an ESOP may be able to utilize the tax provision benefits of combining Section 1202 of the Internal Revenue Code of 1986, as amended (the "Code") and Code Section 1042. If those facts are present, a seller of stock in a leveraged ESOP transaction may be able to receive some proceeds tax-free while deferring the remaining tax on the sale.

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Why The Boss At HB McClure Sold The Company To His Employees

When Bob Whalen became president and CEO of HB McClure back in 2008, the employees were nervous. He was taking over from the grandson of Herbert Bassett McClure, who had founded the Harrisburg, Pennsylvania, heating, ventilation and air-conditioning firm in 1914. The company, which serves both commercial and residential customers, had been profitable for a century. But Whalen says it wasn't running as well as it could. "At the time, our culture could best be described as focusing on the customer first," he says.

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Pro-ESOP Bill, S. 177 Introduced in the Senate

WASHINGTON, Jan. 21, 2019 /PRNewswire/ -- The ESOP Association, the only organization that advocates on behalf of all ESOP companies, applauds Senators Pat Roberts (R-Kan.) and Ben Cardin (D-Md.) for introducing S. 177, titled The Promotion and Expansion of Private Employee Ownership Act. The bill is identical to S. 1589, which was introduced in the last session of Congress and which gained the support of 40 percent of the Senate.

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Intervine Becomes 100% Employee Owned

Intervine, headquartered in California's Napa Valley, became 100 percent employee owned through an Employee Stock Ownership Plan (ESOP). ESOP's were established by the United States Government nearly 50 years ago as part of the Employee Retirement Income Security Act (ERISA).

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Why Mandy Cabot Chose Not To Sell Dansko For $150 Million

In 2005, Mandy Cabot was set to sell Dansko, known for its closed-back wooden clogs, to Timberland for $150 million. She and her Danish husband, Peter Kjellerup, had built the company from scratch starting in 1990, importing clogs from Denmark and marketing them to customers in the U.S. who appreciated the shoes' comfort, durable construction and distinctive style.

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Nebraska to Allow ESOP Owneship in Accountancies

The Nebraska legislature passed a bill, LB 49, that would authorize the ownership of public accounting firms by ESOPs. The ESOP could own up to 49% of the firm. The bill, introduced by John Stinner (R—Gering), passed Final Reading on Feb. 28 by a vote of 47-0 and was signed into law by Governor Pete Ricketts (R) on March 6. Most states already allow minority ESOP-owned CPA firms, and Minnesota allows majority ownership.

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