Can an Employee Ownership Trust (EOT) be set up in an S corporation?
It would not be very practical to have an employee ownership trust (EOT) in an S corporation. Under S corporation tax rules, if a nontaxable entity, such as an employee ownership trust, is an owner of an interest in the company, that entity has to pay taxes on its share of earnings at the highest personal income tax rate. The trust does not have income to pay those taxes so the company would need to make a distribution to the trust in order to do that.
For more details, see Using an Employee Ownership Trust for Business Transition.
Link to this FAQ Topic: Employee Ownership Trusts (EOTs)