If a fund has frequent transfers by its limited partners, it risks being classified as a publicly traded partnership. That’s a bad result because the fund then becomes taxable as a corporation, subject to a qualifying income test. You might be surprised how low the threshold is for being treated as a publicly traded partnership. … Read more »
Tag: publicly traded partnerships
Classification of Private Funds as Publicly Traded Partnerships
Due to the increasing incidence of fund investors who want to transfer their investment fund interests, private investment funds face a risk of being classified as publicly traded partnerships. That would mean the fund would become taxable as a corporation. A bad result. Under Internal Revenue Code § 7704, a partnership will be classified as a … Read more »