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ESOPs Encouraged -- But Do It Right! SECURE 2.0 Provisions and Expanded IRS Focus
Frost Brown Todd LLC
[Guidance Overview] Aug. 18, 2023 "SECURE 2.0 included a number of provisions specific to ESOPs ... [1] allow limited application of tax deferral on a sale of stock to S corporation ESOPs ... [2] change the definition of 'publicly traded' for diversification requirements; [3] directing the [DOL] to create an Employee Ownership Initiative; and [4] directing the DOL to release formal guidance on ESOP valuation standards.... [IR-2023-144] notes that [the IRS[ will undertake enforcement strategies to ensure compliance with tax law requirements, including valuation issues with employee stock, the prohibited allocation of shares to disqualified persons, and failures to follow requirements for ESOP loans[.]" MORE >> |
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