4 Nettlesome Issues For Private Equity Management

By Benjamin Ferrucci (April 12, 2018, 11:04 AM EDT) -- The Tax Cuts and Jobs Act made many changes to the landscape of private equity, but aside from modifying carried interest rules for partners of certain investment funds, many of the same issues still persist post-tax reform in respect of management's compensation in private equity portfolio companies.[1] The following is the current state of four of the more nettlesome items:

1. The Partner/W-2 Conundrum

The Internal Revenue Service has long held that a partner cannot be both a partner and W-2 employee of the same pass-through entity — i.e., a limited liability company or partnership.[2] However, one of the most important features...

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