Loren Rodgers
In the factsheet Budget 2021-2022: Tax Incentives to Support the Economy (PDF, page 10), released on May 11, the Treasury of Australia announced that it would propose reforms to enhance employee ownership. The reforms, if enacted as proposed, would change the time at which taxes are due on income from tax-deferred employee share schemes (ESS), which is currently taxed at the cessation of employment.
Corey Rosen
Several California Assembly and Senate members have written letters to the leaders of the Assembly and Senate budget committees urging inclusion of a $36.5 million appropriation to fund a one-time effort to support employee ownership in the state. So far, the proposal has not generated any opposition. The Senate and Assembly letters can be found here.
Corey Rosen
New York has traditionally been a state where it is difficult to operate as a majority ESOP-owned engineering, architectural, landscape architectural, or land survey firm. Existing law requires that a majority of the owners be licensed professionals. Following a 60-0 vote on May 4, the New York Senate passed S. 5261 a bill that would allow majority-owned ESOPs to qualify under New York corporate practice rules for these firms if 75% or more of the company’s voting trustees or ESOP plan committee (often the board of directors) are members of the profession.
Corey Rosen, Scott Rodrick
The tax provisions of the Biden administration’s American Families Plan would provide a substantial, if unintentional, boost to employee stock ownership plans (ESOPs). The proposal would significantly increase capital gains taxes for wealthy individuals, marginally increase the top individual tax rate, and increase the top marginal corporate tax from 21% to 28%. Additionally, the step-up in basis at death would be removed. Whether the changes are good economic policy or not, or are likely to pass in any form, will be hotly debated. But their impact on ESOPs could be dramatic.
Corey Rosen
Twenty-five of the largest private companies as ranked by Forbes (219 in all) are employee-owned. Twenty-one of these have ESOPs, two have profit sharing plans that work like ESOPs, one is owned by a trust for employees, and one provides phantom stock to all employees. The companies are ranked by sales. Nine of the companies are supermarket or convenience store chains, and six are in construction. Companies had to have $2 billion or more in sales to be in the list.
Corey Rosen
Update: Since we published this article, H.B. 2246 the Senate Calendars committee failed to allocate floor time to this bill, effectively ensuring that it will not be acted on during this session.
Corey Rosen
ESOP plan administration committees are set up by companies to oversee ESOP operations. Depending on the committee's charter, it can appoint and monitor the ESOP trustee; resolve questions concerning allocations, vesting, eligibility, distributions, and other plan operational issues; make sure appropriate records are kept and passed on to the third-party administrator (TPA); and interpret plan provisions, among other possibilities. Not all ESOPs have these committees. These functions may be performed by the board of directors.
Corey Rosen
The Trudeau government has proposed a new budget that contains an important provision to look at ways for Canada to set up employee ownership trusts following the models of US ESOPs and UK Employee Ownership Trusts. The budget states that: “Employee ownership trusts encourage employee ownership of a business, and facilitate the transition of privately owned businesses to employees. Both the United States and the United Kingdom support and encourage employee ownership through these types of arrangements. Budget 2021 announces that the government will engage with stakeholders to examine what barriers exist to the creation of employee ownership trusts in Canada, and how workers and owners of private businesses in Canada could benefit from the use of employee ownership trusts.”
Dallan Guzinski
