When the Ninth Circuit Court of Appeals blocked an ESOP-owned company from advancing attorneys' fees to plan fiduciary defendants out of corporate assets in the 2009 decision in Johnson v. Couturier, the surprise and apprehension in the ESOP ...
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Resources
ESOP Reshuffling – Good For Everyone On Deck … And Off
There are a variety of options for ESOP companies looking to maximize stock allocations to active participants, minimize stock allocations to terminated participants, and efficiently use the cash within the trust to accomplish these ...
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Plan Amendments: ‘How To’s’ Of Plan Administration
Improperly amending a retirement plan can jeopardize the plan's tax-qualified status. For health benefit plans or other welfare plans, it can be the prospect of a recovery for the plaintiff's lawyers seeking benefits for their individual ...
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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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ESOP Restatements And Submissions … Making The Most Of Your Relationship With The IRS?
By now, all companies sponsoring ESOPs should be aware that their plan documents must be restated and submitted to the IRS every five years for a letter of determination of their tax qualified status. What they may not realize is that the ...
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Deferred Compensation Plans: Hints For Spotting If They’re Subject To Code Section 409A
For purposes of Code section 409A, a deferred compensation plan is any agreement, method or arrangement, in writing or not, that may have the effect of deferring the payment of taxable compensation that a service provider (e.g., an executive) has a ...
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