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USA: Final Carried Interest Regulations Drop Unreasonable Limitations

Kevin Jacobs 21 Jan 2021

On 19 January 2021, the final carried interest regulations were published in the Federal Register.

On 19 January 2021, the final carried interest regulations were published in the Federal Register. The final regulations generally adopt the proposed regulations that were issued in August 2020. However, there are a few noteworthy (and generally taxpayer favourable) modifications that taxpayers should be aware of.

 

The carried interest provision was added by TCJA and re-characterises certain net long-term capital gains attributable to carried interests as short-term capital gains. This alert highlights the following changes:

 

  • Expansion of the capital interest exception
  • Loan Proceeds Can Be Used to Fund a Capital Interest
  • Reinvestment or Retained Capital Not Subject to Carried Interest
  • Look-Through Rule for Certain API Dispositions Narrowed
  • Certain Related Party Transfers Permitted
  • Distributions of Property to a Holder of an Applicable Partnership Interest (API)

Discover more: USA: Final Carried Interest Regulations Drop Unreasonable Limitations

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US Tax reform | USA

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