ESOP Funding for SBA Position Act of 2025
The ESOP Funding for SBA Position Act of 2025 would create a new, permanent, competitive service position within the Small Business Administration (SBA). This position, appointed by the SBA Administrator, would assist small businesses in establishing employee stock ownership plans (ESOPs). Responsibilities include providing guidance on how ESOPs work, tax treatment, regulatory compliance, stock valuation, and funding options; coordinating with public and private entities to tailor ESOP resources for small firms; working with the Department of Labor to ensure regulatory compliance; and advocating for federal guidance on ESOP regulations. The bill requires annual reporting to Congress on the position’s activities, whom it helped, types of assistance provided, and policy recommendations to improve ESOP processes. Funding authorization starts with a baseline of $500,000 for the first year, with authority to appropriate any necessary sums thereafter. In short, the bill aims to boost ESOP adoption among small businesses by adding SBA-led guidance and coordination. For context, an ESOP is a type of employee benefit plan that allows employees to own stock in their company, often used for employee retention, succession planning, and business transitions. The act does not change tax law or create new ESOPs by mandate; rather, it creates a new SBA role to help small firms navigate and access ESOP options.
Key Points
- 1Establishment of an ESOP Support Position in the SBA’s competitive service, appointed by the Administrator, to assist small businesses with ESOPs.
- 2Responsibilities include: guidance on establishing ESOPs (including tax treatment and regulatory compliance), stock valuation, funding opportunities, and coordinating with public/private resources; collaboration with the Department of Labor to ensure compliance; advocacy for federally provided ESOP guidance; and other duties as deemed appropriate.
- 3Reporting requirement: the Administrator must report to Congress within one year of enactment and annually thereafter on the position’s activities, the number of small businesses assisted, the types of assistance provided, resources used, and policy recommendations to improve ESOP processes.
- 4Definitions: clarifies terms (Administration = SBA, Administrator = SBA Administrator, ESOP = as defined in IRC 4975(e)(7), Small Business Concern = as defined in the Small Business Act).
- 5Funding: authorization of appropriations, starting with $500,000 for the first fiscal year and such sums as are necessary to carry out the act in subsequent years.