Tax planning for the fund & the manager/adviser
Tax planning is an integral and essential part of the fund structuring exercise. Our investment management team has enormous experience in the tax concerns associated with fund structures, including tax residency issues, the tax characterization of different fund vehicles and 'trading' and withholding tax issues in different jurisdictions.
Having acted for wealthy families throughout its history, the firm has seen the rise of the funds industry over the decades and our funds practice has taken a leading role in advising fund principals on both sides of the Atlantic.
Our team is well equipped to meet the sophisticated needs of fund principals: we have the detailed understanding of the tax treatment of onshore and offshore investment funds, carry structures and investment management vehicles that they require.
We also have a wealth of experience in integrating a principal’s fund participation into wider family wealth planning strategies where significant further value can be added. For example, a principal may wish to integrate fund participation with a desire to give away part of his asset base at some point in the future for estate planning reasons (where the initial structure will have a bearing in tax and other terms) or may wish to consider investments in family trusts should such vehicles exist.
Our client list includes fund principals across Europe, North America and South East Asia. Many are involved in alternative investments including hedge funds, private equity funds and property investment funds. We also advise principals whose funds and/or investment management vehicles are listed.
- Acting for the founding principals of two of London’s largest hedge funds in the provision of integrated UK and US tax structure advice. This included putting in place estate planning which would be effective whether these principals remained in their funds or exited from them.
- Restructuring a major UK investment manager to enhance the tax profile of the overall structure for the UK principals.
- Working with 7 principals of a $1+ billion private equity fund to structure the tax-efficient transfer of their interests in a new fund to wealth transfer vehicles.
- Working with a principal of a $1+ billion distressed debt fund to establish a private foundation and contribute interests in the fund's general partner in a manner that permitted the principal to claim a fair market value deduction.