)
oswa https:// vle di ou konekte ak sitwèb .gov san danje. Pataje enfòmasyon sansib sèlman sou sit entènèt ofisyèl ki an sekirite.
An employee stock ownership plan (ESOP) is an IRC section 401(a) qualified defined contribution plan that is a stock bonus plan or a stock bonus/money purchase plan. An ESOP must be designed to invest primarily in qualifying employer securities as defined by
- ESOPs –Anti-Cutback Relief (2013)
Notice 2013-17 offers relief for certain ESOP amendments that eliminate a distribution option to meet new diversification requirements.
- Determination Letter Issues for ESOPs phone forum (October 28, 2011) (transcript PDF) (handout PDF)
- S corporation stock held by an ESOP - deductions
An ESOP-owned S corporation cannot deduct retirement plan contributions for ESOP participants.
- ESOPs – Definition of readily tradeable employer securities (March 2011)
Notice 2011-19 defines when employer securities held by an ESOP are “readily tradeable”
- Response to Technical Assistance Request #5 (October 8, 2010) PDF
Discusses qualification issues presented by plan provisions concerning the mandatory transfer of employer securities to and from participant plan accounts designed to prevent the occurrence of a nonallocation year (within the meaning of IRC section 409(p)(3)).
- Response to Technical Assistance Request #4 (February 23, 2010) PDF
Discusses qualification issues presented by plan provisions concerning the mandatory transfer of employer securities to and from participant plan accounts.
- Response to Technical Assistance Request #3 (Dec. 9, 2009) PDF
Discusses the required timing and substance of IRC section 409(p) amendments.
- Response to Technical Assistance Request #2 (November 3, 2009) PDF
Discusses plan language defining “qualified participant” under IRC section 401(a)(28)(B)(iii).
- Response to Technical Assistance Request #1 (November 3, 2009) PDF
Concludes that ESOP provisions providing for a distribution of stock is subject to immediate, mandatory resale are consistent with IRC section 409(h).