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C corporations issue dividends. S corporations issue distributions. What's the difference? In ESOP planning, you might find that S corporation distributions mean the difference between being able to finance an ESOP transaction or not. In a C ...
[Read more] about Dividends Versus Distributions In ESOP Planning

You have choices when it comes to distributing ESOP benefits to participants. Do you distribute shares from the plan that the company immediately redeems from the participant? Or, do you keep the shares in the plan by recycling them among the ...
[Read more] about ESOP Share Distributions: “Recycle” Or Redeem?

Here's the analysis you need to figure out whether electing S corporation status makes sense for your ESOP company. We look at built-in gain, LIFO/FIFO, tax attributes and more. You'll still want to talk to your CPA, but this article will give you ...
[Read more] about ESOP Companies: Should You Elect S Corporation Status?

In a prior article, "Successor Fiduciaries Can Be Personally Liable For Fiduciary Breaches," we raised the question of whether a successor ESOP trustee can be held personally liable for a breach of duty that occurred prior to his or her appointment. ...
[Read more] about Successor ESOP Trustee Duties And Risks

You are the ESOP's trustee or administrative committee member and an employee. What exactly are the risks you take as an internal plan fiduciary? What can you do to prepare for a DOL investigation and how do you handle one when it comes? What kinds ...
[Read more] about For Internal ESOP Trustees: An Overview of Audits, Lawsuits, And Insurance Issues