Our
staff of experienced ESOP employee
stock ownership plan professionals and practitioners will take care of your
plan every stop of the way. From ESOP attorneys to ESOP trustees, to specialized
business valuators, we have all the necessary man power to successfully design
and implement your plan. As you can see from below, we have established a streamline
procedure to accelerate the ESOP distribution and completion of your plan. Trust
us to do what's best for your corporation and its employees.

The
Ultimate Exit Strategy and Financial Tool
Employee Stock Ownership Plans (ESOPs)
are a powerful tool in today's world of corporate finance. Like any sophisticated
financial tool, however, ESOPs must be planned and structured properly, which
requires deep experience in designing, implementing and valuing ESOP companies.
ATICG is a leader in the design,
implementation and valuation of
ESOP, with over 15 years of direct practice
experience, and the successful implementation of numerous plans. We are a member
of the National ESOP Association, which serves the nation's ESOP companies and
professional advisors by offering high level educational material and symposiums,
and by providing lobbying efforts in the U. S. Congress to insure passage of friendly
legislation.
ESOPs can provide unparalleled financial benefits when applied
properly to real-life needs and concerns within today's corporate environment.
Whether for reducing or eliminating taxes, growing through acquisitions, building
capital, planning for management succession and ownership transfer, or for reducing
the cost burden of employee benefit packages, ESOPs deserve careful consideration
by companies as a tool for future success and staying power.
What
is an ESOP?
An ESOP is a Qualified Plan under the Employees Retirement Income
Security Act of 1974 (ERISA). See Sections 401(a), 4975(e) and 501(a) of the Internal
Revenue Code of 1986, as amended, and Section 407(d)(6) of ERISA, 1974. What you
can do with this powerful tool of personal and corporate finance is nothing short
of amazing. The following will summarize the benefits of an ESOP, and if you have
any questions, please feel free to contact our
employee
stock ownership plan professionals.
An
ESOP is a defined contribution,
tax-qualified plan that has two distinguishing features: (1) An ESOP is allowed
to invest exclusively in the stock of its sponsoring company; and (2) an ESOP
can borrow money. A sponsoring corporation can contribute cash or stock to an
ESOP on a tax-deductible basis, increasing cash flow. Owners of privately held
corporations can sell all or part of their stock to an ESOP for full Fair Market
Value, often completely avoiding capital gains tax on the transaction.
Why
Consider an ESOP? The Four Powerful Uses
Did you know that you
can sell your company stock to an ESOP and pay absolutely NO TAX on the transaction?
That's right! An ESOP provides the only way under the U.S. Tax Code to sell highly
appreciated company stock and totally avoid capital gains tax on the transaction.
This is the ultimate exit strategy!!
Did you know that you
can actually purchase capital goods with pre-tax dollars, if structured through
an ESOP? Think of the competitive advantage?
Did you know
that you can purchase another company with pre-tax dollars, if structured through
an ESOP? That means you'll be paying only 66-cent-dollars for the purchase of
a company. Compare that to the normal after-tax cost of approximately $1.52!
Did you know that you can refinance existing debt through an ESOP
and then fully tax-deduct the Principal and interest on the repayment of the debt?
That's right! Sound too good to be true? But it is true! That's the power of an
ESOP.
ESOP Benefits for the Shareholder
| | Tax-deferred
(deferred permanently, if structured properly) transaction on the sale of stock
to an ESOP (for owners of 'C' Corporation) |
| | Seller obtains top dollar, controlling
interest value on the sale of stock to an ESOP |
| | Shareholder can sell stock and remain
in control |
| |
Seller obtains additional annual income due to investing pre-tax dollars |
| | Seller
diversifies investments (all of the eggs are no longer in the company basket) |
| | Seller
obtains liquidity and flexibility for estate planning |
| | Seller has control over the sale of
his/her stock and the orderly transfer of management responsibilities |
| Did
you know that there are three potential buyers for a company? 1.
An Individual 2. Another Corporation or 3.
A Qualified Plan (ESOP) |
ESOP Benefits
for the Corporation
Creation of a quasi-public market for corporate stock (go
public internally).
| | Corporation
obtains 100% deductibility of PRINCIPAL and interest on an ESOP loan |
| | Corporation
can fully deduct DIVIDENDS paid to reduce ESOP debt |
| | Corporation experiences increased cash
flow due to the deductibility of principal on an ESOP loan |
| | Collateral for an ESOP loan is created
outside the corporation |
| |
Corporations engaging in ESOP transactions often obtain preferred terms on ESOP
loans |
| |
Corporation can often experience increased cash flow due to the possible reduction
in the sellers corporation-provided compensation |
| | Ability to attract and retain productive
employees |
| | Creates
a take-over defense by means of a friendly voting block |
| | Ability to give employees equity in
the company with no payment on their part, on a tax-deductible basis |
| | Corporation
can refinance existing debt on a tax-deductible basis |
| | Corporation can merge with or acquire
another corporation using pre-tax dollars |
| | Corporation can purchase capital goods
using pre-tax dollars |
| | In
some circumstances, corporation can recover taxes paid in previous periods |
| | Corporation
can increase its net worth and appraised value by rolling over existing qualified
plans into an ESOP |
ESOP Benefits for the Lender
| | Enables
lender to retain successful customer |
| | Opens door for additional lending opportunities
with successor management |
| |
Safe and well-collateralized loan |
| |
Increased profitability through closing fees and initial audit fee |
| | Opens new market to lender. |
ESOP Benefits for the Employee
Employees have a 'put
option' and a market for their company stock, giving them options and control
which leads to increased morale and loyalty.
| | Ownership
of employer securities |
| |
No payment required from employees |
| |
ESOP loan is non-recourse to employee |
| | Retirement plan that directly correlates
with the performance of the employees |
| | Put option required by law |
| | No fear
of job loss upon sale of company |
| | Increased
morale |
| | Creation
of a quasi-public market for Corporate stock- go public internally. Employees
have a "put option" and a market for their Company stock. Increased
morale. |
If you would like a preliminary indication of the
ability of your company to implement an ESOP, please download the Microsoft Excel
based ESOP Pre-Qualification Questionnaire, fill it out and e-mail back to us
at ron@aticolorado.com. We will attempt to answer your inquiry within 48 hours.
There is no charge for this service. Or if you have any other questions, please
use our
contact form for ESOP questions.
ESOP
Documents Download
ESOP Informational
Video ESOP Brochure
Repurchase
Liability Funding Article ESOP
Power-Leading Questions ESOP
Candidate Profile Checklist ESOP
Pre-Qualification Questionnaire ESOP
Engagement Master Checklist (password required)
Guidelines
for Implementing an ESOP Committee in a Corporate Environment (password required)
ESOP Implementation Schedule
- Critical Path (password required)
Repurchase
Liability Study Questionnaire & Document 16
Steps to a Successful ESOP The
Truth About ESOP Professional Fees Data
Request for Loan Applications Did You Know?
Agents
(password required) ·
Clients ·
CPAs
& Attorneys To view the PDF documents you'll need Adobe Acrobat
Reader, which you can download free at the link below