12.07.2015 Views

BASIC ESOP ADMINISTRATION - The ESOP Association

BASIC ESOP ADMINISTRATION - The ESOP Association

BASIC ESOP ADMINISTRATION - The ESOP Association

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John Burgess - Seyfarth Shaw LLPJonathan Markham – Blue Ridge <strong>ESOP</strong> AssociatesKey Employee Determination –416(i)(11)• 5% Owner – Any employee who owns more than 5% ofthe Employer, regardless of compensation. Certainfamily attribution rules apply.• 1% Owner – Any employee who owns more than 1% ofthe Employer and whose annual compensation exceeds$150,000• Officer – Any employee who is an officer and whoseannual compensation exceeds $165,000 (adjusted forcost of living)▫ <strong>The</strong> number of officers is limitedNumber ofEmployeesMaximumNumber ofOfficers30 or less 331-500 10%501 or more 50

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