For the employees, an ESOP is an employee benefit plan. For the business owner, an ESOP is a tax advantaged way to sell a business.
The company sets up an ESOP trust - a legal entity that holds shares of stock on behalf of the employees. While similar in structure to a 401(k) plan, the trust primarily holds stock in the company.
The company or the ESOP borrows money (the "ESOP Loan") to facilitate the stock purchase.
The ESOP trust acquires some or all of the shares from the selling shareholders for Fair Market Value.
The ESOP Trust uses pre-tax contributions or tax-exempt distributions from the company to repay the ESOP loan.
The trust allocates shares of stock to individual employee accounts based on a pre-determined formula determined by the company.
The ESOP Trustee buys, holds and sells the shares of stock for the benefit of the employees.
As employees leave the company, they receive their ESOP benefits.
Selling your business is a major decision—why not choose a strategy that maximizes your proceeds, minimizes taxes, and secures your legacy?
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