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Updated over 4 years ago,
Promoted interest now taxed as ordinary income, alternatives?
Curious as to how others are dealing with the 2017 TCJA tax change whereby promoted interests are now taxed as ordinary income instead of capital gains if you hold for less than 3 years: https://www.aprio.com/whatsnext/new-rules-carried-interest-rules-pit-cre-investors-against-developers/
I have a partnership pending where my 30% cash contribution plus 1-2 years of sweat equity will result in a 50% share of profits over a 12% project-level IRR. My understanding now is that my 20% promoted interest will be subject to ordinary income tax rates if we don't hold the underlying asset for 3 years. Obviously, the tax implications work against my incentive to get things done quickly. Essentially, the IRS wants me to go slow while the IRR clock wants me to hurry up.
Is there perhaps a better way to structure these types of partnerships that keeps all parties' interests aligned and is more tax-advantaged?