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From human capital to capital gains: the puzzle of profits interests.
- Article from:
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Virginia Tax Review
- Article date:
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January 1, 2008
- Author:
- Pendergraft, Sarah
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Copyright informationCOPYRIGHT 2008 Virginia Tax Review. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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This note discusses the tax treatment of a "money and brains" partnership. The tax treatment of a "brains" partner who performs services in exchange for a capital interest in a partnership is well settled. The treatment of a partner who receives an interest only in the partnership's profits, however, has been controversial. Under current law, a partner who receives a profits interest can avoid paying ordinary income tax on the return to her labor, instead paying only capital gains. This surprising feature of the tax law has received a great deal of scholarly attention. The current literature has not, however, considered the nature of the services that the brains partner ...
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Receipt of partnership profits interest.
The Tax Adviser;
October 1, 1993 ;
Odzer, Joseph A.;
755 words
...The taxability of the receipt of a profits interest in a partnership in exchange for services...capital interest (contrasted with a profits interest) in a partnership as compensation...1) to mean that the receipt of a profits interest in a partnership for services rendered...
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IRS clarifies Rev. Proc. on partnership interest for services. (Partners &...
The Tax Adviser;
November 1, 2001 ;
Tapajna, Joseph J. Corrick, Stephen R. Ciesar, William W.;
384 words
......27, the grant of a partnership profits interest for services is generally not taxed...receipt of a substantially nonvested profits interest is determined at the same time as a vested profits interest (i.e., at the time of receipt...
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Rev. Proc. 2001-43 clarifies treatment of a grant of substantially...
The Tax Adviser;
March 1, 2002 ;
Sair, Edward A.;
510 words
......substantially nonvested partnership profits interest to a service provider. The new procedure...otherwise provided, if a person receives a profits interest for the provision of services to...the partnership. For this purpose, a profits interest is a partnership interest other than...
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Compensatory transfers of restricted partnership interests.
The Tax Adviser;
April 1, 2002 ;
Lerman, Jerry L.;
713 words
......on the taxability of a partnership profits interest received in exchange for services...Proc. 93-27, if a person receives a profits interest in exchange for services provided...Rev. Proc. 93-27 differentiates a profits interest from a capital interest. A capital...
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EQUITY IN THE TAX CODE:MARK P. GERGEN
Congressional Testimony;
September 6, 2007 ;
787 words
......how to tax a partner who receives a profits interest for services generally have focused...partner has income on receipt of a profits interest. In the odd circumstances of Diamond...partner was not taxed on receipt of a profits interest for services, except in three limited...
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TAX BREAKS ON COMPENSATION FOR EQUITY FUND MANAGERS:MARC P. GERGEN
Congressional Testimony;
July 11, 2007 ;
787 words
......how to tax a partner who receives a profits interest for services generally have focused...partner has income on receipt of a profits interest. In the odd circumstances of these...partner was not taxed on receipt of a profits interest for services, except in three limited...
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FOUNDREN FOUNDATION CENTENNIAL CHAIR FOR FACULTY EXCELLENCE MARK GERGEN...
US Fed News Service, Including US State News;
July 11, 2007 ;
787 words
......how to tax a partner who receives a profits interest for services generally have focused...partner has income on receipt of a profits interest. In the odd circumstances of these...partner was not taxed on receipt of a profits interest for services, except in three limited...
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Remington Oil and Gas Corporation and Phillips Petroleum Company Settle...
PR Newswire;
May 23, 2001 ;
343 words
......NYSE: P) and acquired Phillips' Net Profits Interest in Block 89, South Pass Area, offshore...settlement and assignment of the net profits interest, Remington will pay Phillips $21.25...all expenses associated with the net profits interest and associated litigation were ...
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Callinan Mines Limited Commences Action Against Hudbay
CCNMatthews Newswire;
March 5, 2007 ;
300 words
......which Callinan was granted a 6 ?% Net Profits Interest in the Callinan Mine and any other...not be used in calculating the Net Profits interest from the 777Mine; - An order compelling...or excluded in calculating the Net Profits Interest; - General damages for breach of contract...
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TAX BREAKS ON COMPENSATION FOR EQUITY FUND MANAGERS:CHARLES I. KINGSON
Congressional Testimony;
July 31, 2007 ;
787 words
......income from their sale. But since the profits interest held by the managers is not a carried...appreciation rights. The advantage of a profits interest over SARs or options can be seen with...building; and the interest is clearly a profits interest. By contrast, for an investment ...
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Capital Gold Repurchases Interest in El Chanate Gold Mine, Sonora, Mexico.
PR Newswire;
September 13, 2006 ;
787 words
......announce it has repurchased the 5 net profits interest formerly held by Grupo Minera FG...operations at the El Chanate mine. That net profits interest had originally been granted to FG...purchase price for the buyback of the net profits interest was US$500,000, and was structured...
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Denbury selling assets.(Strictly Business)
Mississippi Business Journal;
October 29, 2007 ;
272 words
......approximately $180 million plus any amounts received from a net profits interest (before closing adjustments), to a privately held company...adjustment to the ultimate sales price. The potential net profits interest relates to a sharing of production from a well in South...
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NEW MEDIA NOTES: Tossing a different bone to lure talent to Alley; LLC...
Crain's New York Business;
October 9, 2000 ;
vargas, alexia;
620 words
......employees by granting something called profits interest, or a right to receive a percentage...converts to a C corporation to go public, profits interest converts to equity, which, when sold...options. ``If an LLC is profitable, profits interest allows employees to get cash right...
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EL PASO ARRANGES DRILLING VENTURES WITH NABORS AND LEHMAN BROTHERS
Hart's Petroleum Finance Week;
October 13, 2003 ;
321 words
......for a 50 percent net profits interest. Nabors will contribute...for a 20 percent net profits interest in such wells. Once...Lehman's and Nabors' net profits interest will convert to an overriding...
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