Structuring Sales of Investments by Funds After the Proposed Section 1061 Regulations

Introduction - Gain of a fund or other investment partnership from a capital asset sale held for over one year is taxed to the fund’s partners at favorable long-term capital gains rates. Until 2018, this general rule extended to the gain allocated by funds to their general partners pursuant to their carried interests. However, the Tax Cuts and Jobs Act of 2017 enacted Section 1061 of the Code, which requires a three-year holding period to achieve favorable long-term capital gains taxation for...
By: Troutman Pepper

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