Help - Search - Members - Calendar
Full Version: Uses of ESOP loan proceeds.
BenefitsLink Message Boards > Retirement Plans > Employee Stock Ownership Plans (ESOPs)
JBDixon
May an ESOP borrow money for any other purpose than the three uses (a) to acquire qualifying employer securities; (B) to repay the loan; or © to repay a prior exempt loan? For example, may an ESOP borrow money to invest in something other than qualifying employer securities?
Dave Baker
I would think an ESOP could borrow for any purpose authorized in the terms of the trust agreement if it wasn't backed up by a party in interest or otherwise a prohibited transaction, though the IRS regs have things to say about the use of a loan's proceeds if the loan wants to qualify as an "exempt loan" (which allows for guaranty by the employer, etc.).
Harry O
Any plan, including ESOPs, can borrow money to buy investments. But the earnings on such investments are taxable as debt-financed income (see IRC 514). Congress has this little problem with tax-exempts leveraging off their tax-free status!
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2012 Invision Power Services, Inc.