Carried Interest Rules for Investment Funds: Final Regs, Planning Opportunities, and Pitfalls
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine the three-year holding period requirement for carried interests under IRC 1061 and discuss structuring techniques that can preserve long-term capital gains treatment for private equity and hedge fund managers following the enactment of the 2021 regulations. The panel discussion will include the final regulations released on Jan. 7, 2021, which clarify specific points left open to interpretation by the 2017 tax reform law.
- Carried interests before and after tax reform: new IRC 1061
- Impact of new regulations and current status
- Tax planning opportunities
- Contributing capital in connection with the issuance of carried interests
- Transfer of carried interests to unrelated parties
- Distributing appreciated assets to holders of carried interests
- Special allocations
- Qualified dividends and 1231 property
The panel will review these and other critical issues:
- What is the scope of IRC 1061 and whom does it impact?
- What are some alternative approaches that tax counsel should consider to preserve long term capital gains treatment?
- How does IRC 1061 impact qualified dividends and gains from the sale of property taxed under IRS 1231, and how might that impact tax planning under IRC 1061?
Leah B. Segal
Goulston & Storrs
Ms. Segal is a tax lawyer who counsels clients in a wide range of domestic and cross-border transactions,... | Read More
Ms. Segal is a tax lawyer who counsels clients in a wide range of domestic and cross-border transactions, including mergers and acquisitions, financings, offerings, and restructurings. Her practice includes advising clients on the tax aspects of various commercial real estate transactions, including joint ventures, acquisitions and dispositions, and tax credit deals. Her clients include privately held and publicly traded companies, family office investors, REITs and REMICs. Ms. Segal has experience representing charitable and other tax-exempt organizations in obtaining and maintaining tax-exempt status, as well as navigating ongoing governance and compliance issues. She also assists clients with charitable planning and has advised clients regarding tax implications of litigation.Close
Goulston & Storrs
Mr. Stein advises public and private companies, investment funds and real estate investors on corporate,... | Read More
Mr. Stein advises public and private companies, investment funds and real estate investors on corporate, partnership and international tax matters. He is experienced in representing buyers and sellers in taxable and tax-free M&A transactions; investment fund sponsors and institutional investors in fund formation and structuring of portfolio investments; and real estate investors and developers in optimizing complex joint venture strategies.Close