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Home > Resources > ESOP > What Are the Tax Benefits of a Non-leveraged ESOP?

What Are the Tax Benefits of a Non-leveraged ESOP?

August 18, 2020 by Employee Benefits Law Group

A non-leveraged ESOP is a type of ESOP that does not involve borrowed funds to acquire the sponsoring employer’s stock. It is funded by contributions of cash or stock directly from the employer sponsor. In this video, we discuss the tax benefits of non-leveraged ESOPs.

 

Tax Benefits

There are three tax benefits for non-leveraged ESOPs. 

  • The corporation can take a deduction for either cash or stock that is contributed to the plan. 
  • The ESOP, even though it’s not leveraged, can purchase shares from the selling shareholder allowing the shareholder to elect to defer the capital gain on that transaction by participating in a Code section 1042 transaction.
  • Once the shares are in the ESOP, the corporation can take a deduction for dividends that may be paid on the stock. If the stock is S corporation stock, earnings from the S corporation can be reported to the tax-exempt trust and escape federal and often times state compensation. 

Filed Under: ESOP

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EDITOR’S NOTE: We did the best we could to make sure the information and advice in this article were current as of the date of posting to the web site. Because the laws and the government’s rules are changing all the time, you should check with us if you are unsure whether this material is still current. Of course, none of our articles are meant to serve as specific legal advice to you. If you would like that, please call us at (916) 357-5660.

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