TAX 9900 Lecture Notes - Lecture 66: Carried Interest

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21 Apr 2020
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Let"s talk about 2 and 20: compensation methodology for general partners of private equity, hedge fund, real estate funds, structures are intended to maximize capital gains to fund managers. Annual management fee of, for example, 2% plus. Percentage of net profits of the fund (e. g. , 20%: referred to as carried interest , generally, expected to be capital gains, some general partners waive annual fee in exchange for increased carried interest. Could convert entire amount paid to manager to capital gain: all of this, plus capitalization concerns, led to proposed regulations in 2015. Apply any time a partner renders services to a partnership. 707(a)(2)(a), but limited to service providers: facts and circumstances analysis required. List same five factors as legislative history and add a sixth. Most important factor is whether payment of the amount is subject to significant entrepreneurial risk : if not subject to ser, stop and treat as a disguised payment for services.

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