By Lauren Mack On July 22, 2015, the IRS issued a notice of proposed rulemaking regarding the classification of management fee waivers in exchange for partnership interests as disguised payment for services. Under the proposed regulations, allocations of income to partners that provide services to the partnership that lack “significant entrepreneurial risk” will be recharacterized by the IRS as payments for services. Background In 1984, …
ERISA and Hedge Funds
What is ERISA? ERISA is the Employee Retirement Income Security Act of 1974, which governs, among other things, the investment of certain benefit plans into hedge funds. The significance of ERISA for hedge funds is that if more than 25% of a hedge fund’s equity interests are those of certain “benefit plan investors,” all of the hedge fund’s assets will be considered “plan assets” under …
IRS Launches Online System For FATCA Registration
By Peter Tyson and Simon Riveles On August 19, 2013 the Internal Revenue Service (IRS) launched a new online registration system for financial institutions needing to register with the IRS under the Foreign Account Tax Compliance Act (FATCA). FATCA, which was enacted as part of the Hiring Incentives to Restore Employment (HIRE) Act of 2010 to counter tax evasion, requires foreign financial institutions, which include …
FACTA’s Impact on Offshore and Domestic Hedge Funds
The Foreign Account Tax Compliance Act (“FACTA”) was enacted by Congress in 2010 as part of the HIRE Act and will become effective January 1, 2013. The legislation is a new cornerstone in the U.S. government’s long standing campaign to crack down on Americans who hide assets in overseas accounts to avoid U.S. income taxes. FACTA applies to virtually all non-U.S. funds making investments in …