ESOP
ESOP’s Have Vulnerabilities Insure Against Them
ESOP’s are popular. In the U.S.there are approximately 11,500 ESOP’s, covering about 10 million employees (about 10% of the workforce).
An ESOP is an employee-owned company that offers a flexible, tax-favorable way for owners to exit the business, and provides strong retirement benefits for the employee-owners.
All of us at Global Investment Strategies work closely with many owners and ESOP companies. Doug McClure, CEO of GIS, cited several reasons why ESOP’s are so popular.
- An ESOP creates an immediate market for the owner’s stock, and a buyer for the owner’s business.
- An ESOP locks in stock value, eliminating future valuation reductions due to ever changing business and regulatory factors.
- Owners can transition the business to the employees over time if desired.
- An ESOP is a business continuation strategy, keeping the brand name developed over years alive and well.
- ESOP tax advantages can greatly increase operational cash flow.
- For the family business, an ESOP can be an excellent tax beneficial succession planning tool to the next generation and key employees.
- Employees are active investors. Each employee works to increase the value of their company. When that value grows, the employee’s retirement funds grow.
- As a defined benefit program, an ESOP is a very attractive tool in recruiting and retaining high level talent.
However, within this versatile and advantageous structure are vulnerabilities. To guard against these pitfalls, Doug emphasizes the importance of a well planned life insurance strategy. Specifically:
Repurchase liability
An ESOP is a retirement plan for employees, and they will eventually retire (or depart, or unexpectedly die). Life insurance solves this problem, accumulating needed funds to meet stock repurchase retirement liabilities.
Buy-Sell Planning
An ESOP in essence is a large buy-sell arrangement with employees. If founders own a high percentage of stock, a separate buy-sell policy protects the company in the event of an unexpected death or departure.
Key Person Protection
Loan Protection
Income and Estate Tax Planning
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