Jump to content
Sign in to follow this  
IRA

280G

Recommended Posts

If an ESOP aquires more than 50% of the company, is that a change in control for purposes of 280G?

Share this post


Link to post
Share on other sites
Guest Mickey Maier
If an ESOP aquires more than 50% of the company, is that a change in control for purposes of 280G?

There is no exception in the 280G Regulations for ESOP transactions. The key issue is whether an ESOP is condsidered to be a group of people acting together in acquiring majority control. 1.280G-1 Q-27. In some cases, the ESOP is considered to be a collection of minority interests, in others it is considered a controlling entity. Relevant facts would be who controls the vote. If there is a lot at stake, get a tax opinion or private letter ruling.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×
×
  • Create New...