SECTION 1202 GAIN EXCLUSION IN SALES TO ESOPS
11-11-2024 ESOPs provide many tax advantages for both sellers and the ESOP-owned company. In addition to all of the ESOP-specific benefits, sales to ESOPs can also potentially qualify for gain exclusion under Section 1202 of the Internal Revenue Code. Benefits of Section 1202 Section 1202 provides significant tax benefits for sellers of qualified small...
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Navigating ESOP Distributions: Method, Form, and Policy
10-22-2024 Understanding ESOP (Employee Stock Ownership Plan) distribution requirements are crucial for compliant operation of your ESOP and managing distribution and repurchase obligations. ESOP plan designs and distribution terms can vary significantly, but all ESOPs are subject to the Employee Retirement Income Security Act (ERISA) and tax rules. In this...
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ESOP SELLER PERSPECTIVES – UNDERSTANDING SECTION 1042 IN ESOP SALES
10-10-2024 Understanding Section 1042: A Tax-Efficient Strategy for ESOP Sales In the realm of Employee Stock Ownership Plans (ESOPs), Section 1042 of the Internal Revenue Code offers a significant tax advantage for business owners looking to sell their company to an ESOP. This provision allows for the deferral of capital gains taxes upon the sale of...
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ERISA FIDUCIARY DUTIES AND CYBERSECURITY
09-26-2024 The intersection of fiduciary duties under the Employee Retirement Income Security Act (“ERISA”) and cybersecurity has become increasingly prominent in our digital world. ERISA fiduciaries are responsible for managing retirement plans prudently and solely in the interest of participants and beneficiaries. As cyber threats grow, ensuring the...
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IRS Issues Guidance on Matching Contributions for Student Loan Payments
09-16-2024 Background On August 19, 2024, the IRS issued Notice 2024-63 (the “Notice”) to provide highly anticipated interim guidance on Section 110 of Secure 2.0 Act (“Secure 2.0”), which was enacted in 2022. Secure 2.0 amended the definition of matching contributions to allow an employer to make matching contributions beginning in 2024 to 401(k), 403(b),...
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ESOP Seller Perspectives – The Employee and Community Benefits of ESOP Sales
08-21-2024 Selling a company to an Employee Stock Ownership Plan (ESOP) extends far beyond financial transactions—it fosters a symbiotic relationship between the business, its employees, and the surrounding community. The decision to sell to an ESOP brings forth a multitude of benefits that ripple through both the internal workforce and the broader...
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ESOP Eligibility: Who’s In, and Who’s Out?
08-14-2024 Employee Stock Ownership Plans (ESOPs) offer unique opportunities for employees to become owners of their company and share in its success. Understanding the rules surrounding ESOP eligibility and properly determining which employees are eligible for participation are crucial for sponsoring employers. In this client update, we will outline the...
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DOL FIDUCIARY RULE STAYED INDEFINITELY
07-29-2024 A federal judge in Texas has temporarily blocked the Department of Labor’s (“DOL”) “Retirement Security Rule” (the Fiduciary Rule) ahead of its September 23, 2024, effective date. BACKGROUND ON THE FIDUCIARY RULE The DOL has been on a fourteen-year quest to replace a fiduciary definition in place since 1975. The saga began in 2010, but fierce...
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Final DOL Fiduciary Rule
04-26-2024 On April 23, 2024, the Department of Labor (“DOL”) released its new fiduciary investment advice rule titled the “Retirement Security Rule” (the “Fiduciary Rule”). The Final Rule is scheduled to take effect September 22, 2024. The changes to exemptions PTE 2020-02 and PTE 84-24 will have an additional one-year transition period where exemptive...
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Now is the Time for Plan Sponsors to Correct Plan Errors: IRS Issues Guidance on the Expansion of EPCRS and Self-Corrections
06-21-2023 The Internal Revenue Service (IRS) has issued interim guidance, provided in Notice 2023-43, that explains the expansion of plan sponsors’ ability to self-correct errors in qualified retirement plans. The Employee Plans Compliance Resolution System (EPCRS) sets forth the IRS’s guidance to plan sponsors on how to correct errors relating to qualified...
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Affordable Care Act Deadline Extension
12-19-2022 On December 15, 2022, the Internal Revenue Service issued final regulations extending deadlines for providing certain information statements under the Affordable Care Act (ACA). The extension applies to Forms 1095-C, filed and issued by applicable large employers (ALEs), who are subject to the ACA Employer Mandate. The extension also applies to...
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UPDATE: IRS Extends Deadlines for Certain Additional Required Amendments to Retirement Plans and IRAs
11-29-2022 Earlier this year, we shared an update on certain retirement plan updates originally required to be adopted this year. At that time, we noted that some amendment deadlines had been delayed, but other amendments were still required this year. On September 26, 2022, the IRS issued Notice 2022-45, extending the deadline for qualified plans, 403(b)...
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IRS Extends Deadline for Certain Required Amendments to Retirement Plans and IRAs
09-13-2022 On August 3rd, 2022, IRS Notice 2022-33 extended the remedial amendment periods for qualified plans, 403(b) plans, governmental plans, and 457(b) plans to adopt certain, but not all, required plan amendments relating to the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), the Bipartisan American Miners Act of...
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Considerations for Selling to an ESOP
08-18-2022 An employee stock ownership plan (ESOP) is an employee benefit plan that allows employees to share in the ownership of the company they work for. The shares are held in a trust, established by the company, for the benefit of participating employees. Generally, a company forms an ESOP which then purchases stock from the existing owner(s) at fair...
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Celebrating Transitions in Our Executive Committee
07-16-2024 Our organization is always evolving, and the contributions of our Executive Committee members are key to our success. Today, we're taking a moment to honor the dedication of one member, announce re-elections, and welcome new faces to our leadership team. A Heartfelt Farewell to Mandy Hughes After six remarkable years of dedicated service on the...
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33 BrownWinick Attorneys Named to Best Lawyers® in America 2025 List
07-9-2024 BrownWinick is pleased to announce that 33 of our lawyers have been included in the 2025 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2025 The Best...
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BrownWinick Attorneys Named to 2024 Best Lawyers® List
08-17-2023 BrownWinick is pleased to announce that 33 lawyers have been included in the 2024 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2024 The Best Lawyers...
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Cindy Lande Elected as Board Member for Iowa Law School Foundation
10-13-2022 BrownWinick is thrilled to announce that attorney, Cindy Lande, was recently elected as a new board member to the Iowa Law School Foundation (ILSF) Cindy received her J.D., with distinction from the University of Iowa College of Law in 2010. BrownWinick is incredibly proud of Cindy and her accomplishment of being elected to this foundation’s...
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BrownWinick Attorneys Named to 2021 Best Lawyers in America List
08-21-2020 BrownWinick is pleased to announce that 26 lawyers have been included in the 2021 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers® has published their list for more than three decades, earning the respect of the...
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BrownWinick Attorneys Featured in 2019 Great Plains Super Lawyers and Great Plains Rising Stars
07-11-2019 Eleven BrownWinick attorneys were selected for inclusion in the 2019 Great Plains Super Lawyers online listing: William Brown – Tax Elizabeth Coonan – Employment and Labor Michael Dee – Business Litigation Alice Helle – Employee Benefits Thomas Johnson – Business/Corporate Ann Holden Kendell – Employment and Labor James Pray – Environmental Brian...
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