2017 Essential Tax and Wealth Planning Guide slide image

2017 Essential Tax and Wealth Planning Guide

Ω 今 Tax implications of fund investing Investment fund attributes Introduction What is an investment fund? Types of investment funds and income tax characteristics • Marketable securities Hedge funds • Private equity/venture capital Publicly traded partnerships Real estate funds . Fund of funds Investment fund attributes • Trader versus investor . . entities Passive versus non-passive income Separately stated activity (including PTPs) Qualified small business stock (QSBS) Unrelated business taxable income • State tax reporting Conclusion Resources <弓 ☑ |||| A PTP investments are typically held through an investor's brokerage account. The monthly and year-end statements do not typically adjust the investor's tax basis for the investor's share of allocable income or loss from the PTP. Therefore, it is important for the taxpayer to track its tax basis in the PTP, so that the appropriate capital gain or loss can be calculated on disposition. It is important to note that the PTP fund will also provide details to the investor regarding the portion of the gain that will be recharacterized as ordinary in the year of disposition. As you can see from the description above, the tax rules associated with holding PTP investments are complex and can create additional tax reporting requirements and administrative work. Therefore, when evaluating the rate of return related to PTP investments, consideration should be given to the incremental cost associated with the additional tracking and reporting requirements. Qualified small business stock (QSBS) Over the years, Congress has provided a variety of incentives to encourage investments in qualified small businesses. Congress believes that targeted relief for investors who risk their funds in new ventures, small businesses, and specialized small business investment companies will encourage investments in these enterprises. In the past several years, Congress has made these incentives even more generous Effective regular and AMT tax rates for sale of QSBS held for more than five years Stock acquisition period Prior to February 18, 2009 After February 18, 2009 and on or before September 27, 2010 After September 27, 2010 and before January 1, 2015 for QSBS acquired after September 27, 2010, to the point where a complete exemption from federal income tax on gains from the sale of certain stock is possible. VC funds often make investments in companies that may qualify as a QSBS and having a good understanding of what investments may generate QSBS gains could generate significant tax savings. The chart below summarizes the portion of the gain from the sale of QSBS that may be excluded from income depending on when the stock was purchased. The chart also outlines the effective regular and AMT rates associated with the sale of QSBS. Section 1202 exclusion amount AMT treatment Effective regular tax rate Effective AMT tax rate 50% of the realized gain 3.5% of the realized gain will be treated as an AMT preference item 14% 14.98% 75% of the realized gain 5.25% of the realized gain will be treated as an AMT preference item 7% 8.47% 100% of the 0.0% of the realized gain will be treated as realized gain an AMT preference item 0% 0% 2017 Essential Tax and Wealth Planning Guide | Tax implications of fund investing 59
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