George Lawlor Calls for Employee Ownership Trusts to Protect Irish Firms
George Lawlor spoke on Employee Ownership Trusts (EOTs), urging tax changes to help keep Irish companies in Irish ownership. He argued the proposal is broadly tax neutral and would include capital gains relief, removal of punitive discretionary trust taxes, and clarifications on anti-avoidance rules.
Lawlor presented Employee Ownership Trusts as a win-win model to retain Irish companies and boost workforce engagement and productivity. He contrasted rising foreign takeovers in Ireland with the UK, where EOTs are more common, and said EOTs can prevent sales driven solely by external profit-seeking buyers.
Lawlor called for full capital gains tax exemption for owners who sell a controlling stake - typically 51% or more - to an EOT, removal of discretionary trust taxation that currently penalises EOT structures, and clear guidance on anti-avoidance rules. He also outlined potential adjustments to PRSI, USE and the availability of annual tax-free bonuses for employees.
He pointed to the UK example of John Lewis and singled out one Irish company, Wolfgang Digital, and its owner Alan Coleman, as an early adopter reporting higher productivity and greater workforce interest. He warned that once companies reach certain turnover thresholds they receive acquisition approaches from abroad.
Lawlor said a recent meeting with the minister on EOTs was productive and that the next step is engagement with the finance minister on the technical proposals. He urged colleagues to support the measures and suggested the approach could attract cross-party backing.
Proposal overview
Lawlor presented Employee Ownership Trusts as a win-win model to retain Irish companies and boost workforce engagement and productivity. He contrasted rising foreign takeovers in Ireland with the UK, where EOTs are more common, and said EOTs can prevent sales driven solely by external profit-seeking buyers.
Tax measures sought
Lawlor called for full capital gains tax exemption for owners who sell a controlling stake - typically 51% or more - to an EOT, removal of discretionary trust taxation that currently penalises EOT structures, and clear guidance on anti-avoidance rules. He also outlined potential adjustments to PRSI, USE and the availability of annual tax-free bonuses for employees.
Evidence and examples cited
He pointed to the UK example of John Lewis and singled out one Irish company, Wolfgang Digital, and its owner Alan Coleman, as an early adopter reporting higher productivity and greater workforce interest. He warned that once companies reach certain turnover thresholds they receive acquisition approaches from abroad.
Next steps and political outlook
Lawlor said a recent meeting with the minister on EOTs was productive and that the next step is engagement with the finance minister on the technical proposals. He urged colleagues to support the measures and suggested the approach could attract cross-party backing.
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Transcript
I spoke very, very briefly to you during the week on this and we had a very good meeting with Minister Peter Burke on the whole area of Employee Ownership Trusts and my next step was to meet with your predecessor, but unfortunately he has gone to Pastors, very new and Pascal's new Pastors, but certainly I believe this is a win-win scenario. If you just look at the statistics, every working day this year an Irish company has been sold into foreign ownership and if you contrast that with the UK situation, 10 companies a week transfer to Employee Ownership Trusts and the very simple reason they do that is because the taxation situation is much more favourable in this whole area. There is one company, only one company in Ireland who has sort of decided to dodge the tax, not dodge the tax, but dodge the tax pitfalls and work around it. One company only and it's owned by a man called Alan Coleman of a company called Wolfgang Digital. That is the only company at this point in time that has decided to enter the Employee Ownership Trusts and to date he is reporting an increase in productivity amongst the workforce, much greater interest amongst the workforce in terms of the company itself. The famous John Lewis company in the UK is an EOT, an Employee Ownership Trusts. I think that's an example of the type of company that we need to be retaining in Irish ownership. Alan Coleman has told me that once you reach a particular turnover threshold, the phone calls come from all over the world in relation to buying out the Irish companies. And I suppose with the geopolitical situation we find ourselves in at a minute and the changed world in terms of economics and trade, I think it's imperative that we do all we can to retain Irish companies in Irish ownership. And so as I said, this is, and it's tax neutral relatively because the fact that it's not happening, it's tax neutral and ensures that Irish companies stay in Ireland and stay, the workforce have the interest and interest in extra productivity to do that. There's a number of areas that need to be looked at. But as I say, it is tax neutral, the area of capital gains tax relief, we would be asking to introduce, as is the situation in the UK, introduce full capital gains tax exemption for business owners who sell a controlling stake, typically 51% or more, to an EOT. And that's similar to the UK model. We remove discretionary trust taxes to eliminate the punitive taxes applied to employee ownership trust structures, which currently treat them like discretionary trusts rather than succession vehicles. And the area of succession is also a difficulty here, where family businesses, where there is no interest within the family any longer in the ownership of the business. And that's where EOTs could come to the fore also. We need clarity, of course, on any anti-avoidance rules. We need to provide clear guidance so that employee ownership transactions are not penalised under existing anti-avoidance legislation. And, of course, there also is employee incentives with annual tax free bonuses being made available. So there are also PRSI and USE adjustments. But essentially this is a tax neutral proposal, which I believe will give tremendous clarity to companies who find themselves in a situation where they are being approached and bombarded from outside the country by agencies who are only interested in the profit margin that they can achieve by purchasing the Irish companies. And certainly I think it would receive cross-party support in general. As I said, the meeting with Minister Bourke was very successful and his next recommendation was to square it up by meeting the Finance Minister in regard to the proposals that are required. But I believe it is something that we really, really can benefit from and I would urge you to support. Thank you Mr Tarnished.