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Form 5500: Are You Sure You Are Filing All That Are Required?

Advice on how and when to file Form 5500… How can filing an annual return/report on a Form 5500, a relatively simple information return that does not require the payment of any taxes, become so complicated and result in such huge penalties for noncompliance? The answer lies in the complex filing ...
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Participant-Directed Retirement Plans: How California Public Employers Sponsoring Them Can Reduce Their Fiduciary Risk

This article looks at how California public employers sponsoring participant-directed retirement plans such 457(b) plans can reduce their potential for fiduciary liability by complying Federal Department Of Labor Code section 404(c) rules of the Employee Retirement Income Security Act (ERISA). ...
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SBA-Guaranteed Loans For Employee Stock Ownership Plans: Big News For Small Business

Inside the recently signed $717 billion, Fiscal Year 2019 John McCain National Defense Authorization Act is a small provision that has nothing to do with national defense but a lot to do with a big opportunity for small businesses and lenders. Originally proposed as the Main Street Employee ...
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Eligible Individual Account Plan: The Other Employee Stock Ownership Plan

Some companies want a way to get stock to the broader base of their workforce (with some extra "oomph" for their senior people), that is deductible and coordinates with their existing shareholder strategies, but that isn't as complex as an ESOP. Yet others see the significant additional tax benefits ...
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When to Choose an ESOP Succession Plan Over a Conventional Exit Strategy

Employee stock ownership plans (ESOPs) offer a number of advantages to sellers, companies and employees. ESOPs are a flexible tool for corporate and shareholder succession and offer benefits no exit strategy can match. However, those unique advantages are only worthwhile for those who find the very ...
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Withdrawal Liability: Heavenly Hana LLC v. Hotel Union & Hotel Industry of Hawaii Pension Plan

In what should serve as a clear warning to buyers acquiring assets involving multi-employer pension plans (MEPs), the Ninth Circuit Court of Appeals' June 1 decision put the onus on buyers to ensure that withdrawal liability is accounted for during an asset sale. In a Transaction, Think of ...
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How Much Revenue Must A Company Have To Be Big Enough For An ESOP?

We look at three measures of revenue for ESOP suitability purposes: Earnings before interest, taxes, depreciation, and amortization (EBITDA);Free cash flow; and,Taxes paid. EBITDA EBITDA is usually the most significant measure appraisers use to determine the value of the company. The higher ...
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