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So, suppose that an s-corp ESOP has what I would consider (fairly standard?) language to permit the transfer of shares from the ESOP account to a "non-ESOP" account within the plan, in order to avoid a potential 409(p) failure.

Are there any tax implications of this, other than the fact that the shares so transferred will be subject to UBTI on their pro-rata share of the s-corp earnings?

  • david rigby changed the title to Transfer to avoid a 409(p) failure

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