Navigating IRS Carried Interest Regulations: Significant Tax Rules and Planning Opportunities
A live 90-minute premium CLE/CPE video webinar with interactive Q&A
This CLE/CPE course will guide fund managers, tax counsel and advisers on IRC Sec. 1061 and the IRS regulations promulgated thereunder regarding the tax treatment of carried interests, and available planning opportunities. The panel will discuss the application of IRC Sec. 1061, modifications to the “capital interest” exception, applicable partnership interests (API) dispositions, and other significant provisions. The panel will also discuss the application of IRC Sec. 1061 to IRC Sec. 1231 property (including rental real estate), implications of related party nonrecognition transactions, and planning techniques to ensure favorable capital gains treatment.
- Overview of the requirements of obtaining capital gains treatment under IRC Sec. 1061
- Impact of IRS regulations and guidance
- Determining "applicable partnership interest" and "applicable trade or business"
- Applicability of IRC Sec. 1061 to IRC Sec. 1231 property
- Planning ideas for avoiding IRC Sec. 1061 three-year holding period
- Best practices for compensation arrangements in light of holding requirements under IRC Sec. 1061
The panel will review these and other noteworthy issues:
- Treatment of carried interest and performance of services under IRC Sec. 1061, the IRS regulations promulgated thereunder and applicable guidance
- Available tax planning techniques and strategies for partnerships and fund managers for more favorable tax treatment
- Determining partnership interest that is API subject to IRC Sec. 1061
- Understanding key planning issues regarding the applicability of IRC Sec. 1061 to IRC Sec. 1231 property (including rental real estate)
- Potential planning opportunities presented by special allocations, transfers to unrelated parties, capital contributions, and distributions
- Best practices in ensuring favorable tax treatment in compensation arrangements involving carried interest
Ethan R. Goldman
Davis Polk & Wardwell
Mr. Goldman advises clients on federal income tax matters related to a variety of transactions, including U.S. and... | Read More
Mr. Goldman advises clients on federal income tax matters related to a variety of transactions, including U.S. and cross-border mergers, acquisitions, joint ventures, financings, partnership investments, restructurings and spinoffs. He also regularly advises private equity sponsors and other private fund managers on tax matters relating to the formation and operation of private investment funds, as well as secondary transactions. Mr. Goldman has also represented clients in connection with tax controversy matters before the Internal Revenue Service and the U.S. Tax Court.Close
Erez I. Tucner
Mr. Tucner serves as the Chair of the New York Cross-Border Tax Planning Practice. He is an experienced business and... | Read More
Mr. Tucner serves as the Chair of the New York Cross-Border Tax Planning Practice. He is an experienced business and tax lawyer who focuses on structuring and negotiating the legal, business and tax aspects of complex multimillion-dollar domestic and cross-border mergers and acquisitions. Mr. Tucner has wide-ranging experience with the structuring and formation of domestic and offshore private equity funds, family offices, and hedge funds and their investments in the United States, Latin America, Europe, Israel and worldwide. He counsels high-net-worth individuals on their businesses, investment assets, and real property (including U.S. real property planning under FIRPTA). Mr. Tucner also represents corporate and individual taxpayers in tax audits and other tax controversy matters.Close
Early Discount (through 03/22/24)
Cannot Attend April 16?
Early Discount (through 03/22/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.