Tax Implications of Private Equity Waterfall and Carried Interest Provisions

$199.00

SKU: 408087

Description

Gain a better understanding of a sponsors carried interest and explore how preferred returns are commonly calculated.
A key aspect of a private equity fund is the sponsor promote or carried interest, which is the sponsors disproportionate share of profits in a deal above a predetermined (or preferred) return threshold. Relative to amounts invested, once the preferred return threshold has been met, residual cash flow distributions typically favor the sponsor. In general, the sponsors carry is calculated on either a deal by deal or a whole fund basis. However, within this simple binary choice, there are myriad variations, any one of which can significantly alter the returns to sponsors and investors. This topic will define the sponsors carried interest and explore the variations for structuring the carried interest. In addition, this material will address different structures and related security arrangements of sponsor clawbacks, which protect investors from sponsors receiving carried interest they have not earned. Finally, this information will address other tax considerations that pervade all fund agreements and can impact sponsor and fund returns, such as fee waivers and tax distributions.

Date: 2023-05-02 Start Time: 1:00 PM ET End Time: 2:40 PM ET

Learning Objectives

* You will be able to describe the various methods for structuring a sponsors carried interest.

* You will be able to identify and plan for phantom income for a sponsor.

* You will be able to review clawback provisions and understand the methods for securing a sponsors clawback obligations.

* You will be able to explain tax boilerplate provisions of a JV agreement and explain how they work.

Waterfall Structures
• Whole Fund vs. Deal by Deal
• Partner by Partner vs. Aggregated
• Defining Dispositions

Clawbacks
• Mechanics
• After-Tax Calculation and Pending SEC Rule
• Interim Clawbacks
• Security for Clawback

Other Tax Considerations
• Fee Waiver
• Capital Accounts
• Tax Distributions

AIPB ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Enrolled Agents ,IAPP ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Tom Geraghty-DLA Piper LLP (US), Nathaniel Marrs – DLA Piper LLP (US)