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Tax Changes for Private Foundations and Employee Stock Plans

This bill amends tax rules for private foundations' excess business holdings. It allows companies that repurchase stock from employee stock ownership retirement plans to treat that stock as still outstanding, potentially helping foundations avoid additional taxes. The aim is to simplify the management of employee-owned stock without negative tax consequences for foundations.
Key points
Companies repurchasing stock from employee retirement plans can treat it as outstanding, affecting foundation holding calculations.
The change applies to stock purchased since 2005 and to tax years ending after the bill's enactment.
New rules may help private foundations avoid tax penalties related to excess business holdings if those holdings stem from repurchased employee stock.
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Additional Information
To amend the Internal Revenue Code of 1986 for purposes of the tax on private foundation excess business holdings to treat as outstanding any employee-owned stock purchased by a business enterprise pursuant to certain employee stock ownership retirement plans.
Print number: HR 3152
Sponsor: Rep. Kildee, Daniel T. [D-MI-5]
Process start date: 2021-05-12