This bill amends the Internal Revenue Code of 1986 to adjust the calculation of excess business holdings for private foundations. It introduces a provision to treat specific types of employee-owned stock as outstanding, even after it has been repurchased by the issuing business enterprise. Specifically, this applies to non-tradable voting stock acquired by a business from an employee stock ownership plan (ESOP) on or after January 1, 2020, provided it was purchased in connection with a plan distribution and is held as treasury stock, cancelled, or retired. This reclassification helps prevent the business's repurchase of ESOP stock from inadvertently increasing a private foundation's percentage of holdings, which could trigger the excess business holdings tax . The provision is limited, ensuring that permitted holdings do not exceed 49 percent, and does not apply to stock purchased within the first 10 years of an ESOP's establishment.
This bill amends the Internal Revenue Code of 1986 to adjust the calculation of excess business holdings for private foundations. It introduces a provision to treat specific types of employee-owned stock as outstanding, even after it has been repurchased by the issuing business enterprise. Specifically, this applies to non-tradable voting stock acquired by a business from an employee stock ownership plan (ESOP) on or after January 1, 2020, provided it was purchased in connection with a plan distribution and is held as treasury stock, cancelled, or retired. This reclassification helps prevent the business's repurchase of ESOP stock from inadvertently increasing a private foundation's percentage of holdings, which could trigger the excess business holdings tax . The provision is limited, ensuring that permitted holdings do not exceed 49 percent, and does not apply to stock purchased within the first 10 years of an ESOP's establishment.