@Costin I.
In my opinion, if they are truly tying together cost segregation and the return of 40% of member capital, that is a bit of a stretch.
I’m a syndicator myself and I NEVER underwrite depreciation into an offering because everyone benefits (or not) from it differently, depending on their tax situation.
I do advertise it because it is a major benefit to some LP’s, but I’m not sure how someone can ethically say what your describing with a straight face.
At best, it could be viewed as a bait and switch. At worst, it’s wrong.
As far as the other questions regarding UBIT, etc., you can’t selectively distribute depreciation or UBIT. The SEC and IRS would not be happy about that. If you’re equity interest is 10%, 10% of the depreciation passes though to the LP. If they can fully utilize it is another question entirely.
Recapture is not usually underwritten usually because it’s too nebulous and far in the future to estimate reasonably.
Returns are based on actual cash flows from the deals and the individuals are responsible for managing their personal tax strategies.
Any better?