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Employee Benefits Law Group

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Employee Benefits Law Group
Home > What We Do > ESOPs > C Corporations

C Corporations

Helping You Get the Most Out of Your C Corporation ESOP

Most corporations, those that are called C corporations (because they are taxed under Subchapter C of the Internal Revenue Code), enjoy unique and almost legendary ESOP tax advantages that have been the driving force in the growth of ESOPs since the mid- 1980s. Employee Benefits Law Group guides its C corporation clients through these incentives and tax deduction opportunities with a view to the client feeling assured that they have prudently planned their transaction funding and benefit plans, while optimizing the tax efficiencies of their C corporation ESOP – even when compared to the alternatives available for S corporations.

We help C corporations explore all available ESOP options.

In very general terms, C corporation ESOPs allow:

  • Selling shareholders to defer their capital gains tax on the sale of their shares to an ESOP.
  • Corporations to deduct up to more than twice the normal profit-sharing plan limit to fund an ESOP (50% of eligible compensation, plus interest on ESOP loans, rather than just 25%).
  • Deductions for dividends paid on ESOP stock used to make payments on an ESOP loan or passed through to ESOP participants.
  • Departing employees to get capital gains treatment on the appreciation in their ESOP shares.

In some cases, the C corporation incentives are not ideal and a transition to S corporation status is the better path. In comparison, some S corporation clients conclude that these incentives are compelling enough to revoke their subchapter S elections. It is also not unusual to take advantage of the C corporation incentives and then make the switch to S corporation status.

Objective guidance, from a trusted advisor, that fully understands the complexities of these comparisons, tax implications and sometimes trade-offs of each option is imperative. They require careful consideration to determine if they’re the right combination of incentives to meet objectives; or to find alternatives, if necessary or better for the client.

Exploring ESOPs

  • Understand What An ESOP Is
  • Employee Stock Ownership Plan FAQs
  • ESOP: The Executive Short Course
  • Learn What It Takes to Implement an ESOP
  • See How We Put Clients in Control
  • S and C Corporations
  • C Corporations

Managing Your ESOP

  • Nurturing Your ESOP: The Executive Short Course
  • Employee Stock Ownership Plan FAQs

ESOP Team

  • Kevin Long
  • Sheryl Bayani-Alzona
  • Jim Paul

Let’s Start a Conversation

Have questions about your current benefit plan? Want to know what your benefit plan options are? Whatever your need, we’re here to help. Fill out a hassle-free request form, and one of our team members will follow up to get you on the path to success.

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Our experienced team guides you in all aspects of ESOPs, M&A due diligence, retirement plans, equity / compensation, and health and welfare benefits.
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Gold River, CA 95670
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90024
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550 West B Street
San Diego, CA 92101
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