Employee ownership trusts: What they mean for Canadian business owners

May 9, 2024| Blog
By Jon Shell

Employee Ownership Trusts (EOTs) are coming to Canada! This note is intended to give business owners and their advisors a simple (albeit not short) explanation about what they are, and why they should care. I’m not a lawyer or an accountant, so I’ll try to use language that I understand (and that may in some cases not be technically perfect). So, don’t take this as legal advice, but as someone trying to explain this in a way I think I would understand.

A quick point up-front: EOTs are intended for succession — a way to sell a majority of a business to a company’s employees. They don’t help with selling a minority stake in the company — there are other approaches for that, like stock option plans and share purchase programs. So, unless you’re looking to sell your business, the EOT likely isn’t for you.

However, if you are considering selling your business in the next few years, you should be aware of the EOT. Employee ownership has a long track record of being good for employees, companies and communities, and as a result the UK and US provide significant tax incentives for business owners who sell to the workers. Canada is now following suit, exempting the first $10M of capital gains from income tax for sales to EOTs. This exemption is only available until the end of 2026, so there’s good reason to look seriously at the option.

“Employee ownership has a long track record of being good for employees, companies and communities, and as a result, the U.K. and U.S. provide significant tax incentives for business owners who sell to their workers.”

EOT-like structures are quite popular in other countries, and tax incentives are only part of the story. I’ll get into more detail about the legacy and resiliency benefits later, but here are a few stories featuring owners who have sold to their employees through this structure in the US and UK: Taylor Guitars (US), Emsworth Yacht Harbour (UK) and Craggs Energy (UK). In the US about 250 companies a year are sold to their version of the EOT, and in the UK over 300 companies have sold to their version in each of the last two years.

If you’re looking for more technical detail, I’ve added links at the end, including to the government’s own EOT explainer. If you scroll down and say to yourself “man, this is too long” feel free to skip to the end and click on one of those other links instead.

If you’re still with me, you likely have dozens of questions, so I’ll try to anticipate some of them in a Q&A format here.

Alternative ownership Employee Ownership Canada (EOC)

Share with a friend

Related reading

BlogThe Ownership Solution

New research on the Big Banks and the businesses left behind

The productivity, resilience, inclusive growth and economic sovereignty objectives Canada is trying to achieve are not independent of its financing system. Canada ranks second-worst in the G7 as a place to be an entrepreneur, with 55 per cent of small-business owners saying they would not recommend starting a business here right now. A new SCP report by Michelle Arnold argues that this is not a reflection of the limits of our entrepreneurs, but the limits of our lenders - when it comes to SME financing, what the Big Banks can do is limited by how they're structured. If we want a stronger economy that works for workers, communities and small businesses, we need a financial system diverse enough to serve them.

ReportThe Ownership Solution

Built to Exclude: Why Canada’s enterprises need a different kind of financing | Report

Canada's enterprise financing system is dominated by big banks that control 93% of banking assets and nearly 80% of SME lending. While stable and respected, they have structural constraints—minimum deal sizes, rigid credit models, collateral requirements—that systematically stop them from lending to a range of viable businesses. The SMEs left behind include businesses looking for small loans, seasonal enterprises, non-profits, cooperatives and rural firms. If we continue to undercapitalize SMEs trying to get off the ground or grow, this will have cascading economic and social consequences. Canada needs alternative financing institutions that operate alongside commercial banking as permanent, scaled infrastructure.

Newsletter

👏 Letting the big W sink in

In the Spring Economic Update, the federal government moved to make the legislative structure and tax incentive for Employee Ownership Trusts (EOTs) permanent. This is amazing news! At Social Capital Partners, we are grateful that the government has made these changes. Thanks to Prime Minister Mark Carney, François-Philippe Champagne and Ryan Turnbull for understanding the importance of employee ownership. This and more all in one funny-but-factual biweekly read.

Skip to content