Ask the Editor: Can We Have a 401(k) and an ESOP?

Ask the Editor: Can We Have a 401(k) and an ESOP?

Question: In your November-December 2006 issue you said an ESOP is a “defined contribution retirement plan.” If this is so, can a company that has a 401(k) plan also do an ESOP?

Jerry Shirley

National Graphic Supply

Answer: Yes, a company that has a 401(k) plan also can have an ESOP. All that is required is for the company to adopt an ESOP component. This is done by simply amending the 401(k) plan document to include an ESOP profit-sharing feature.

Total contributions per participant for both plans are limited to $45,000 (or $50,000 with a catch-up contribution). Plans having non-leveraged ESOP arrangements can experience positive cash flow benefits, because ESOP stock rather than cash can be used to make the employer retirement contribution.

This article originally appeared in The Business Owner Journal, the periodical of choice for owners of small and midsize private businesses. All rights reserved, D.L. Perkins LLC. © 2012.

This publication is intended to provide general information on the subject matters covered. It is sold and distributed with the understanding that neither the publisher nor any distributor or advertiser is engaged in providing legal, tax, insurance, investment or other professional advice. The advice of a qualified professional should be sought before any reader applies a concept presented herein to his or her particular situation or business.

D.L. Perkins, LLC is solely responsible for this content.


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