Any ESOP attorney or consultant can tell you that ESOP distributions can be the most complex and challenging area of ESOP design and administration. As discussed in detail in our articles Designing And Drafting ESOPs[1], and Avoiding ERISA Liability ...
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ERISA Section 510 Claims
ERISA section 510 makes it unlawful for any person to discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary for exercising any right to which he is entitled or may become entitled under an ERISA plan. ...
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What It Means To Be An ERISA Fiduciary
An overview of ERISA fiduciary rules...
ERISA's definition of "fiduciary" basically encompasses three categories of responsibility or activities with respect to an employee benefit plan. In addition to anyone who is specifically named as a ...
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The Truth About S Corporation ESOPs
In 1996, Congress enacted legislation[1] that for the first time permitted an employee stock ownership plan (ESOP) to be an eligible S corporation shareholder, effective for tax years beginning after December 31, 1997. In 1997 the law was modified ...
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The S Corporation ESOP Structure
The significant tax savings heralded in the tax press for the S Corporation ESOP structure depend on the strategy for the use of the ESOP, as well as the strategy for using the cash that the plan might be able to accumulate in lieu of paying it into ...
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Demystifying the ESOP Feasibility Study
What constitutes a “feasibility study” varies significantly between advisors who recommend them and clients who believe they need one or ask if they need one. For advisors, the differences stem from what their professional skills are, what they ...
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