News & Analysis as of

Internal Revenue Service Employee Stock Ownership Plans S-Corporation

The United States Internal Revenue Service is a bureau of the United States Department of the Treasury. The IRS is charged with collecting revenue and enforcing the Internal Revenue Code.  
Bricker Graydon LLP

“S” Corp? Law Change May Make an ESOP More Appealing

Bricker Graydon LLP on

The SECURE 2.0 Act of 2022 (“SECURE 2.0”) made numerous changes to the complex web that makes up U.S. retirement plan laws. Of interest to S corporations that may be considering an employee stock ownership plan (“ESOP”) is...more

Kaufman & Canoles

Section 1202 QSBS - The Overlooked Arrow in the Business Succession Quiver

Kaufman & Canoles on

Business owners considering exit options from their businesses often can be blinded by purchase price figures and proceeds, often “accepting” that paying capital gains tax is part of the deal. The ability to avoid or defer...more

Bricker Graydon LLP

Is Your ESOP Ready for the Spotlight?

Bricker Graydon LLP on

Last week, the IRS announced it was increasing enforcement strategies aimed at Employee Stock Ownership Plans “ESOPs”. The IRS stated this new focus on ESOPs is part of the effort to ensure tax laws are applied fairly and...more

Rivkin Radler LLP

Deferring the Tax Hit on a Grant Equity to an Employee – Are You Prepared to Enforce the Forfeiture Provision?

Rivkin Radler LLP on

“Would I ever leave this company? Look, I’m all about loyalty. In fact, I feel like part of what I’m being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I’m going wherever they...more

Freeman Law

Tax Court in Brief - February 2022

Freeman Law on

The Tax Court’s recent decision in Larson v. Commissioner involved a frequent tax issue in the context of S corporations and control persons: Whether restricted stock of an S-corporation contributed to an employee stock...more

Williams Mullen

IRS Issue Snapshot: S Corporation ESOPs and IRC section 409(p)

Williams Mullen on

In one of its Issue Snapshots, the IRS recently focused on methods for preventing the occurrence of an ESOP “nonallocation year” under IRC section 409(p). Issue Shapshots are not precedential IRS guidance, but are research...more

Holland & Knight LLP

Recently Issued IRS Snapshot Provides Guidance for S Corporation ESOPs

Holland & Knight LLP on

• The Internal Revenue Service (IRS) has released an "Issue Snapshot" on preventing the occurrence of a nonallocation year for S corporation employee stock ownership plans (ESOPs) under Section 409(p) of the Internal Revenue...more

Troutman Pepper

Related-Party Provisions Prevent Deduction by S Corp Shareholders - Tax Update Volume 2017, Issue 4

Troutman Pepper on

Many routine transactions occur between related parties, including the payment or accrual of interest on indebtedness, license fees, salary or benefits to employees and/or shareholders, and trade invoices. The Tax Court...more

Farrell Fritz, P.C.

Deducting Payments Between Related Parties

Farrell Fritz, P.C. on

Potential for Abuse- Many years ago, Congress decided that taxpayers who were “related” to one another should be required to use the same accounting method with respect to transactions between them in order to prevent the...more

Farrell Fritz, P.C.

Restricted Stock & Employee-Shareholders

Farrell Fritz, P.C. on

Close Corporations and Compensatory Grants of Equity- It should come as no surprise to readers of this blog that I am not enamored with the notion of issuing equity to employees of a closely-held business. It’s not that...more

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