Rangel Bill Would Tax Stock Option Exercise in S Corps. With ESOPs

U.S. Representative Charles Rangel (D-New York) has unveiled a bill requiring the recognition of ordinary income on the exercise of stock options in an S corporation with an Employee Stock Ownership Plan (ESOP).

According to the summaryof The Tax Reduction and Reform Act of 2007 by Rangel, chairman of the House Ways and Means Committee, the bill would require S corporation option holders “to recognize income when an option is recognized or sold in an amount equal to the amount of income that was shifted to the ESOP” during the time the taxpayers held the options. Interest will be assessed at the underpayment rate on any amounts included under this provision.

Under current law, the summary said, an individual that holds an option in an S corporation is not subject to tax on the income of the S corporation until such individuals exercise their option and become a shareholder in the S corporation. During the time in which an individual holds an option in an S corporation, taxes on the income earned by the S corporation are intended to be paid by the other shareholders in the S corporation.

For more stories like this, sign up for the PLANADVISERdash daily newsletter.

The general tax reductions also proposed by Rangel include:

  • An extension for one year special rules that permit active duty reservists to make penalty-free withdrawals from retirement plans.
  • An extension for one year a $100 per day excise tax on group health plans that impose limits on mental health benefits that are not imposed on medical and surgical benefits.
  • An extension for one year the current-law provision that permits tax free charitable contributions from an Individual Retirement Account (IRA) of up to $100,000 per taxpayer, per taxable year, which is estimated to cost $452 million over 10 years.

The full text of the bill can be found here.

ICI Pleads for Repeal of MI Legislation Taxing Investment Advice Services

The Investment Company Institute (ICI) has issued a statement strongly urging the state of Michigan to repeal a portion of recently enacted legislation that imposes a sales tax on investment advice services.

Michigan House Bill No. 5198 provides for the assessment of taxes “on the storage, use, or consumption in this state of tangible personal property and certain services.’ Among the personal services listed is “investment advice services, as described in the NAICS (North American Industry Classification System) industry code 52393.”

The taxation of advice services would be effective as of December 1, 2007.

Never miss a story — sign up for PLANADVISER newsletters to keep up on the latest retirement plan adviser news.

The ICI statement said that, in a letter to two Michigan officials, ICI stated the imposition of this service tax would harm Michigan residents by discouraging them “from seeking financial advice to ensure their retirement security.” The Institute also strongly urged that the sales tax not be extended to tax any services offered by the investment company industry.

The ICI stated the localized service taxes on investment company services would mean:

  • additional costs to Michigan investors seeking to save for their retirement and other long-term needs through mutual funds;
  • placing Michigan-based mutual fund firms at a competitive disadvantage with fund firms outside the state; and
  • logistical obstacles to administering the tax efficiently and fairly.

The ICI statement, with a link to their letter, is here.

«