glenn1
Lifer
- Sep 6, 2000
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I don't believe there's gift tax involved. I'm not an ESOP expert but my basic understanding is that the company uses its own assets to fund the ESOP prior to the owner leaving and then the ESOP shares are divested as a retirement vehicle. That would eliminate any gift tax ramifications as the disbursements are not "gifts" from the owner to the employees.
I'm not an ESOP expert either, but it seems to me if he wanted to gift the employees this way he would have been better off selling the enterprise and giving them the proceeds as cash (or contribution to their retirement plan). It was still nice of him, but the employees now own shares which are likely very illiquid and hard to monetize, and still have all the hassles of actually running the supermarket as a going concern.