ESOP - IRS filing requirements upon purchase of Company stock

[Guest Gibson]

When an ESOP purchases stock from an individual, is the ESOP subject to IRS Form 1099 filing requirements? If the selling stockholder elects Section 1042 nonrecognition treatment in connection with the purchase of that stock, does either the Company or the ESOP have to file anything with the IRS? The Company has signed a consent to the application of 4978 and 4979A and has delivered that consent to the selling stockholder. Are all IRS filing obligations on the selling stockholder?

[RLL]

Hi Gibson ---

The ESOP is not required to file a Form 1099 to report its stock purchase. The ESOP's stock purchase must be appropriately disclosed on Form 5500.

The filing requirements for the 1042 election are the responsibility of the selling shareholder.