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S. 1416 · Where this bill is now

In committee

Introduced in the Senate, Apr 10, 2025

What this bill does

In plain words · AI-written from the official summary

Changes tax rules for private foundation stock holdings

This bill adjusts how the federal government calculates taxes on private foundations that own stock in corporations. When a corporation buys back its own stock from an employee stock ownership plan (a retirement benefit where workers own company shares), the bill says that repurchased stock should count as outstanding stock for tax purposes. This lets private foundations exclude that stock when figuring out whether they owe federal excise taxes on owning too much of a company.

How it affects you

This primarily affects private foundations and the corporations they invest in. Most everyday people won't feel a direct impact, unless they work at a company with an employee stock ownership plan and a private foundation holds significant shares—in which case this could indirectly influence how the company manages its stock and taxes.

Read the official summary (Introduced in Senate, Apr 10, 2025)

Reduction of Excess Business Holding Accrual Act

This bill treats certain stock repurchased by a corporation from an employee stock ownership plan (ESOP) as outstanding voting stock for purposes of the federal excise tax imposed on a private foundation’s excess business holdings. Thus, a private foundation may exclude such stock in calculating present holdings in a corporation and liability for the excise tax. (Exceptions apply.)

As background, a federal excise tax is imposed on a private foundation that owns more than 20% of the voting stock in a corporation, reduced by the percentage of voting stock held by all disqualified persons (excess business holdings). However, a private foundation with excess business holdings on May 26, 1969 (grandfathered private foundation) may own a greater percentage of voting stock in certain circumstances.

Under the bill, stock is treated as outstanding voting stock if such stock is

• not readily tradable on an established securities market;

• repurchased from an ESOP on or after January 1, 2020; and

• held by the corporation as treasury stock, cancelled, or retired.

However, such stock is not treated as outstanding voting stock if it is repurchased within the first 10 years of establishing the ESOP or, as a result of the repurchase, the permitted holdings of the private foundation would exceed 49% of the voting stock in the corporation.

Finally, under the bill, such stock does not reduce the percentage of voting stock a grandfathered private foundation may own.

Written by AI (Claude) using only the official summary by the Congressional Research Service, the Library of Congress’s nonpartisan research staff. It can miss nuance, so check the official summary and the bill text for details.

119th Congress
1st Session
S. 1416

A BILL

Reduction of Excess Business Holding Accrual Act

In the SenateNo vote yet

Sponsor: Sen. Rick Scott (R-FL) · Introduced Apr 10, 2025 · Taxation · 1 version of the text

Sources: Congress.gov actions and votes · bill text from GovInfo · latest official action Apr 10, 2025: “Read twice and referred to the Committee on Finance.”

Sections

Sections · 2
S. 1416: Reduction of Excess Business Holding Accrual Act — Bill Status, Votes and Text · Public Law Tracker