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Guest boberlander
Posted

Is it common to have a seller finance the sale of shares to an ESOP?

That is, no bank loan involved. S-corp owner who wishes sell 100% ownership to the plan and take a promissory note for 15-20 years from the plan.

Thank you.

Posted

It certainly is not uncommon in those situations where the seller is willing to be the lender and/or when bank financing is not available.

Inasmuch as a tax-deferred election under IRC section 1042 is not available to the seller of S corporation shares to an ESOP, the complications of combining an installment sale with a tax-deferral election under section 1042 will not arise.

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