BW INSIGHTS

2025 Government Relations Legislative Update - Week One

By Matthew H. McKinney, R.G. Schwarm & Julie A. Smith | 01.21.2025
First Day. The first day of the 91st General Assembly began on Monday, January 13, 2025. The State Constitution directs that session be held annually commencing on the second Monday of January and the Iowa Code directs that the general Assembly convene at 10:00 a.m. It was an exciting day for the newly-elected and reelected legislators who took... Read More

Breaking: Nationwide Preliminary Injunction Back in Place for CTA

By Brennan R. Block & Ellen M. Hames | 01.02.2025
In a huge turn of events, on December 26, 2024, a separate panel (the “merits” panel) of the Fifth Circuit Court of Appeals issued a decision vacating the original panel (the “motions” panel) of the Fifth Circuit’s stay of the nationwide preliminary injunction halting enforcement of the Corporate Transparency Act (CTA), effectively meaning that... Read More

Breaking: Nationwide CTA Injunction Stayed; CTA Reporting Obligations Reinstated With Some Extensions

By Ellen M. Hames & Brennan R. Block | 12.26.2024
As anticipated in our previous blog, the United States Court of Appeals for the Fifth Circuit issued a decision implicating the nationwide preliminary injunction previously issued by the U.S. District Court for the Eastern District of Texas in Texas Top Cop Shop v. Garland et al., No. 4:24-cv-478 (E.D. Tex. Dec 3, 2024) that temporarily blocked... Read More

CTA Update: 5th Circuit Poised to Issue Decision; Congress Likely to Weigh-In

By Brennan R. Block & Ellen M. Hames | 12.19.2024
As our previous blog highlighted, numerous small businesses were relieved of their quickly approaching New Years Day deadline to submit beneficial ownership information to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act (CTA) when a federal district court in Texas issued a nationwide... Read More

ESOP SELLER PERSPECTIVES – BENEFITS OF SELLING TO AN ESOP

By Drew D. Larson & Cynthia Boyle Lande | 12.09.2024
Selling a business is a monumental decision for any owner. It’s not just a financial transaction; it involves the legacy, the workforce, the community, culture, and the future of the enterprise. One increasingly popular method of transitioning ownership is through an Employee Stock Ownership Plan (ESOP). This approach has numerous advantages for... Read More

U.S. District Court Temporarily Enjoins Enforcement of the Corporate Transparency Act (CTA)

By Brennan R. Block & Ellen M. Hames | 12.04.2024
On December 3, 2024, the U.S. District Court for the Eastern District of Texas, in the case of Texas Top Cop Shop, Inc. et al. vs. Garland (U.S. Attorney General), granted a nationwide preliminary injunction that temporarily enjoins or prohibits the United States federal government from enforcing the Corporate Transparency Act (the “CTA”). For... Read More

SECTION 1202 GAIN EXCLUSION IN SALES TO ESOPS

By Drew D. Larson & Cynthia Boyle Lande | 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... Read More

Navigating ESOP Distributions: Method, Form, and Policy

By Cynthia Boyle Lande, Drew D. Larson & Sarah E. Herz | 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... Read More

Government Relations Update - October 17, 2024 REC Summary

By Matthew H. McKinney, R.G. Schwarm & Julie A. Smith | 10.18.2024
The Revenue Estimating Conference (“REC”) met Thursday (10.17.24) as part of their standard schedule of meetings to estimate future state revenues. REC members Kraig Paulsen (Gov.’s Appointee), Jennifer Acton (LSA), and Jeff Plagge (Public Member) serve on the three-member panel. A summary of the information discussed during the meeting is below,... Read More

ESOP SELLER PERSPECTIVES – UNDERSTANDING SECTION 1042 IN ESOP SALES

By Cynthia Boyle Lande & Drew D. Larson | 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... Read More

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