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H.R. 5719, Empowering Employees through Stock Ownership Act 1 (September 16, 2016)

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                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                               September 16, 2016



                                  H.R. 5719
           Empowering Employees through Stock Ownership Act

 As ordered reported by the House Committee on Ways and Means on September 14, 2016


 H.R. 5719 would amend the Internal Revenue Code to allow certain employees to defer for
 up to seven years the recognition of income on compensation paid to them in the form of
 certain company restricted stock units or stock options. Under current law, employees must
 generally include such compensation in taxable income for both income and payroll tax
purposes, in the case of stock grants, when they become substantially vested or, in the case
of nonqualified stock options, when they exercise the option. At the same time, the
business can take an equal deduction for compensation paid.

Under H.R. 5719, a company's employees would be eligible for the deferral, for income
tax purposes only, if the company provides the stock compensation to at least 80 percent of
its workforce and the stock of the company has not been traded on a securities market in
any preceding year. The income deferral period would end upon any of several events,
such as the sale of the stock or the stock becoming tradable on securities markets, and the
period would be limited to seven years after the employee exercises an option and is vested
in the stock, or becomes vested in the restricted unit. The income deferral would not be
available to certain individuals, including highly-paid employees and top management. In
addition, as under current law, businesses would take a deduction at the same time as the
employee would recognize the income. The changes under H.R. 5719 would be effective
for options exercised and restricted stock units settled after December 31, 2016.

The staff of the Joint Committee on Taxation (JCT) estimates that the legislation would
reduce revenues by about $1.0 billion over the 2016-2026 period.

The Statutory Pay-As-You Go Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting revenues and direct spending. The net changes in
revenues that are subject to those pay-as-you-go procedures are shown in the following
table. Enacting the bill would not affect direct spending.

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