Chapter 6 Flashcards

1
Q

What is a stock bonus plan?

A

A type of defined contribution profit sharing plan where employers contribute stock to the plan and contributions are discretionary but must be substantial and recurring.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the special requirements for stock bonus plans?

A

Participant’s must have: pass through voting rights, the right to demand employer securities when taking distributions, a put option to the employer, distributions that begin within one year of normal retirement, death and or disability, or within five years for other modes of employment termination, and distributions must be completed within five years of commencement of distributions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the advantages to stock bonus plans?

A

The value of the employer stock contributed is tax-deductible for the employer and stock bonus plans give participants vested interest in the performance of a company.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the disadvantages of stock bonus plans?

A

The employee has the risk of a non-diversified portfolio, the put option could create cash flow problems for the employer, and the employer incurs valuation costs at contribution of stock.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

T/F Eligibility, coverage, and vesting for stock bonus plans is the same as all qualified plans

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

T/F Employees have a right to immediately diversify pre tax elective deferals and after tax contributions only after three years of service?

A

False, in stock bonus plans employees have a right to immediately diversify their contributions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

T/F Participants in stock bonus plans have the option to diversify employer contributions only after three years of service.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does NUA stand for?

A

Net unrealized appreciation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How is NUA calculated

A

Fair market value at date of distribution less value of stock at date of employer contribution= nua.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

T/F In stock bonus plans the appreciation of employer stock is taxed as long term capital gain and the cost of contributions is taxed as ordinary income.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

In the year of distribution of employer stock:

A

The stock value at date of the employer contribution is taxed as ordinary income. NUA the net unrealized appreciation is treated as deferred long-term capital gain.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

At the date of sale of employer stock

A

The taxpayer must recognized the deferred long-term capital gain. Any subsequent gain/loss will be taxed at short or long term capital gain based on holding period since date of distribution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the key differences between stock bonus and profit sharing plans?

A

In stock bonus plans, the contribution comes in the form of stock and valuation is needed annually. Stock bonus plans get voting rights and distributions are in the form of stock. Profit sharing= ordinary income.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is an ESOP?

A

Employee Stock Ownership Plans. It is a fined contribution profit sharing plan, which is established as a trust. Participants receive allocations of employer stock from the esop. The employer receives a tax deduction for the value of the stock contributed to the plan.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Leveraged ESOP

A

The ability has the ability to deduct contributions and deduct interest paid to the lender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Who is involved in leveraged ESOP

A

Bank, ESOP Trust, and Shareholder. Bank loans money to ESOP trust and gets guarantee from company. ESOP trust buys stock from principal shareholder and transfers their stock into the trust.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the advantages of an ESOP for the employer?

A

Creates a market for stock in a privately/closely held corporations. Helps retain employees and improves employee loyalty. Employer ownders may create a diversified portfolio without recognition of capital gain and corporation can borrow against stock. Corporation can improve current cash flow of the corporation by taking a tax deduction on stock contributions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the disadvantages of ESOP for the employer?

A

Dilutes owndership, administrative costs, may strain employer cash flow to met payout requirements to departing employees at certain times, period appraisal costs are expensive, personal liability concerns for officers or management who also serve as trustees of ESOP’s. Certain cash flow uncertainty in the future.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the advantages of an ESOP for employees?

A

Acquires ownership in employer corporation. Employees have better perception of or attitude towards employer corporation. Favorable tax treatments on stock distributions. Can force employer to repurchase stocks at end of employment. Receives stock as a form of compensation

20
Q

What are the disadvantages of an ESOP for employees?

A

Employee bears risk of employer’s insolvency. Value of stock subject to appraiser. Stock value subject to fluctuation. Stock not liquid.

21
Q

What are the rules for non recognition of gain for ESOPs?

A

The esop must own at least 30 percent of the corporation’s stock immediately after the sale. The seller or sellers must reinvest the proceeds from the sale into qualified replacement securities within 12 months after the sale and hold such securities for three years. The corporation that establishes the ESOP must have no class of stock outstanding that is tradable on an established securities market. Stick must be owned by seller for at least three years prior to sell and seller/sellers, or relatives of sellers, and 25 percent shareholders in the corporation are precluded from receiving allocations of stock acquired by teh ESOP through the rollover.

22
Q

What voting rights do shareholders have in an ESOP for publicly traded corporations

A

Participants have voting rights as regular shareholders and earn dividends

23
Q

What voting rights for shareholders do privately-held corporations have in an ESOP?

A

The participants must be allowed to vote in major corporate decisions such as: mergers, acquisitions, consolidations, reclassification, liquidation, dissolution, recapitalization or a sale. The trustee of the ESOP votes in all other major matters.

24
Q

Cash contributions to esop

A

ESOP uses to purchase employer stock uses to pay bank debt.

25
Q

Stock contributions to esop

A

Employer has tax deduction for the value of the stock or the cash at the date of the contribution. Subject to 25 percent of employer covered compensation limit. Dividends paid are deductible.

26
Q

T/F Dividends paid in an ESOP are deductible for C corporations, whereas dividends for an S corporation are non deductible

A

True. Dividends are treated as ordinary income to employees.

27
Q

T/F Allocations to an ESOP can be aged based, but cannot use SS integration.

A

True

28
Q

The distribution of the participant’s account balance in the plan will commence no later than 1 year later the close of the plan year.

A

In which the participant separates from service by reason of attainment of normal retirement age under the plan, disability, death or which is the 5th plan year following the plan year in which the participant otherwise separates from service.

29
Q

What does the substantially equal periodic payment requirement entail

A

If a participant’s elects, he may demand equal distributions from the ESOP for a period no longer than 5 years, unless his account is valued at more than 1,070,000 for 2016 in which case the distribution period may be extended one year for each additional 210,000 for 2106 of account value up to a total of ten years.

30
Q

How is net realized appreciation treated form ESOPs

A

Lump sum distribution

31
Q

T/F A qualifying participant in an ESOP may force investment diversification within his account during the qualified election period

A

True.

32
Q

Who is a qualified participant in an ESOP?

A

At least age 55 and completed 10 years of participation in the plan.

33
Q

The qualified election period is the 6-plan year period beginning after becoming a qualified participant.

A

True.

34
Q

What is the diversification requirement for ESOPs

A

They may diversify 25 percent of their post 1986 stock balance for the first five years of their qualifying election period and 50 percent of their post 1986 stock balance during their sixth and final year.

35
Q

T/F The diversification calculation is a cumulative calculation, meaning that the stock balance consists of the number of eligible shares that have ever been allocated to a qualified participant’s account less any shares previously distributed, transferred, or diversified.

A

True

36
Q

T/F Diversification can be satisfied by a distribution, a transfer to another qualified plan, or offering three or more investment options in the ESOP.

A

True

37
Q

Put Option Esop

A

The employee can require the employer to repurchase stock at the fair market value on the distribution date.

38
Q

T/F At a minimum, the put option must be available during three time periods

A

False, two time periods

39
Q

T/F Within 60 days after distribution (ESOP), and if the put option is not exercised 60 days after distribution, for an additional period of at least 60 days in the following year.

A

True

40
Q

Esop Trustee

A

The ESOP trustee holds ESOP assets in the trust for the benefit of the plan’s participant’s.

41
Q

T/F The trustee of an ESOP is held to the same standard of a fiduciary.

A

The trustee must operate with the care, skill, prudence and diligence of a prudent plan. The trustee must act in the best interest of plan beneficiaries, plan participant’s and their beneficiaries.

42
Q

The Small Business Protection Act of 1996

A

Allowed S corporations to establish ESOP’s.

43
Q

S Corporations are:

A

Pass through entity, with no more than 100 individual shareholders are permitted, and only one class of stock is permitted.

44
Q

T/F ESOPs of S corporations are not required to make distributions in the form of employer securities

A

True, because they may bust S corporation status by having too many shareholders.

45
Q

What are the main differences between stock bonus plans and ESOPs?

A

ESOPs can deduct 25 percent of covered compensation plus interest paid on loan and ESOPs cannot integrate with Social Security.