Tax Issues With Private Equity Management Fee Waivers
Anticipating Areas of IRS Scrutiny and Structuring Defensible Fee Waivers
Recording of a 110-minute CLE/CPE webinar with Q&A
This teleconference will provide counsel with a review of the management fee waiver currently being investigated by the New York Attorney General (NY AG), the various ways fee waivers can be structured, the tax risks involved, and best practices for structuring waivers that maximize the chance of withstanding IRS scrutiny.
Outline
- Fee waiver structures currently under investigation by NY AG
- Potential IRS challenges to fee waivers and inherent tax risks
- Best practices for structuring defensible fee waivers
Benefits
The panel will review these and other key questions:
- How are management fee waivers typically structured and what are the tax risks inherent in these structures?
- What conditions on the general partner’s receipt of the converted carried interest could make the waiver more defensible and how does the timing of the election impact the risks?
- What other potential risks under federal partnership tax principles exist, and how can fee waivers be structured to minimize this risk?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Adam D. Gale
Partner
Mintz Levin
He is a Member in the Corporate & Securities Section and practices in the New York office. He focuses his... | Read More
He is a Member in the Corporate & Securities Section and practices in the New York office. He focuses his practice on counseling hedge funds, private equity funds, broker-dealers, banks, and registered investment companies on regulatory and compliance issues, as well as formation and structuring. He represents both well-established and start-up entities.
CloseEdouard S. Markson
Partner
Chadbourne & Parke
Mr. Markson advises corporations and partnerships on the U.S. Federal income tax aspects of domestic and... | Read More
Mr. Markson advises corporations and partnerships on the U.S. Federal income tax aspects of domestic and international transactions. His experience includes mergers and acquisitions, dispositions, and joint ventures; financial products and structured financings; and capital markets transactions. He regularly advises private investment funds on a range of organizational and transactional matters.
CloseRaj Tanden
Member
Mintz Levin
He leads the Firm’s West Coast tax practice and Los Angeles office transactional and tax practices, and is a... | Read More
He leads the Firm’s West Coast tax practice and Los Angeles office transactional and tax practices, and is a senior member of the Private Equity team. He is one of the nation’s foremost tax experts and has global experience in investment management transactions--including the formation of--and investments by, public and private investment funds.
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