Corey Rosen
In Notice 2023-75 (PDF) and an accompanying news release, the IRS announced yearly cost-of-living adjustments (COLA) of dollar limits for ESOPs and other defined contribution plans for 2024. The limits that affect ESOPs are:
Corey Rosen
On September 6, Missouri Governor Mike Parsons signed S.B. 20 (also see the PDF of the bill text), one of whose provisions makes permanent a law enacted in 2016 that provides a 50% reduction in state capital gains taxes for business owners selling to an ESOP as long as the ESOP owns at least 30% of the company after the sale. The law was originally set to sunset in 2023, but this new law removes the sunset provision, making it permanent. Iowa passed a very similar law in 2012
Corey Rosen
ESOP advocates have long urged the Department of Labor (DOL) to establish clear guidelines for adequate consideration requirements in ESOP transactions. The WORK Act (part of the SECURE 2.0 Act of 2022) requires the DOL to set guidelines for ESOP valuation. Simultaneously, the DOL has been facing a formal petition under the Administrative Procedures Act (APA) brought by the ESOP Association calling for the same formal rulemaking. The DOL denied the petition under the APA but nonetheless agreed to a formal public notice and comment rulemaking with a process that includes publishing their draft regulation through public notice and the opportunity for stakeholder comments. The agency must then respond to those comments before issuing any final regulation.
Corey Rosen
Plan will start at 42% of ownership and may move to 100% over time
Corey Rosen
The WORK Act seemed to be a major win for employee ownership advocates. The law directed the Department of Labor (DOL) to create an Employee Ownership Initiative office to provide education on employee ownership (which it has now done) and authorized $50 million in funding over five years, starting in fiscal year (FY) 2025, for state employee ownership outreach and education programs. Although the WORK Act authorized the expenditures for the state programs, funding comes through a separate appropriation process. On July 27, the Senate Appropriations Committee passed a $13.5 billion FY 2024 DOL appropriation bill that says nothing about employee ownership in the bill itself, although the accompanying report directs the DOL to create the Employee Ownership Initiative and to issue guidelines on ESOP valuation (something the DOL has also already committed to do). The $9.8 billion House FY 2024 DOL appropriation bill also has no provisions on employee ownership; unlike the Senate report, the House committee's bill summary does not mention employee ownership. Because the DOL has already committed to the programs described in the Senate bill, it is unclear whether what the House did matters.
Corey Rosen
The Promotion and Expansion of Private Employee Ownership Act (PDF) has been introduced in the House and the Senate. The bill is a revision of a proposal submitted in each chamber to encourage the growth of S corporation ESOPs. Both bills have bipartisan support. The Senate bill’s lead sponsors are Ben Cardin (D-MD) and Steve Daines (R-MT); in the House, the lead sponsors are Mike Kelly (R-PA) and Earl Blumenauer (D-OR). There are 20 Senate cosponsors and 6 House cosponsors so far, including some of the most liberal and conservative members.
Corey Rosen
Mandate for Leadership: The Conservative Promise, a project of the 2025 Presidential Transition Project, has strongly endorsed regulatory changes to make it easier to set up ESOPs. The project, led by the Heritage Foundation, invited over 400 conservative scholars and thinkers to set out detailed policy recommendations for all aspects of the federal government, resulting in an 883-page document.
Corey Rosen
On July 10, the Department of Labor (DOL) announced it is creating the Employee Ownership Initiative within its Employee Benefits Security Administration (EBSA). The initiative results from the 2022 Worker Ownership, Readiness, and Knowledge Act (WORK Act), which was enacted as part of the SECURE 2.0 Act in the 2023 Consolidated Appropriations Act. The WORK Act requires the DOL to set up a grant program for state employee ownership centers. Funding for that provision will need an appropriation in the 2023 budget. The DOL’s Employment and Training Division will administer the grant program. The WORK Act also requires the DOL to set up an office to provide information to states and other interested parties about employee ownership. That will be under EBSA.
Corey Rosen
In 2022, the California Employee Ownership Act became law by a unanimous vote. The bill established the California Employee Ownership Hub within the California Office of Small Business. The Hub was directed to “increase awareness and understanding of employee ownership among stakeholders, assist business owners and employees in navigating available resources, and streamline and reduce barriers to employee ownership.” California has a variety of loan support programs for which companies seeking to convert to employee ownership could potentially qualify.
