Legislative Information: Pro-ESOP Bill — S. 1512

Leading up to the Las Vegas Conference and Trade Show, November 3 – 4, 2011, we’ll be posting government affairs information that will be discussed at the Conference. Today, and update on S. 1512.

On September 6, 2011, S. 1512, the Senate counterpart to H.R. 1244, the “Promotion and Expansion of Private Employee Ownership Act of 2011,” was introduced by a bi-partisan group of Senators: Senators Benjamin Cardin (D-MD), Pat Roberts (R-KS), and Olympia J. Snowe (R-ME).

“What is important is these Senators recognize that our national ESOP policy, while modest, is responsible for millions of locally controlled jobs in high performing companies that ensure employees are securing a good retirement by being part of our globalized economy,” stated ESOP Association President J. Michael Keeling.

S. 1512 will:

1.) permit owners of S stock to sell the stock to an ESOP and defer the capital gains tax on his/her gain if the proceeds are reinvested in the equities of U.S. operating corporations as owners of C corporations stock have done under IRC 1042 since 1984;

2.) establish an office in the Department of Treasury to provide technical assistance to S corporations with ESOPs;

3.) provide that a small business, S or C, eligible for one of the many programs provided by the Small Business Administration to remain eligible for SBA programs if the company becomes owned 50% or more by an ESOP, and the workforce remains the same or nearly the same as before the establishment of the 50% ownership by employees through the ESOP.

Current co-sponsors:

Senator Roy Blunt (R-MO)

Senator Mary L. Landrieu (D-LA)

Senator Patrick J. Leahy (D-VT)

Senator Jerry Moran (R-KS)

Senator Pat Roberts (R-KS)

Senator Bernard Sanders (I-VT)

Senator Olympia J. Snowe (R-ME)

Senator Sheldon Whitehouse (D-RI)

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