Tax-efficient Private Fund Structuring: A Practioner's Guide for the UK and Europe
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About this ebook
The structuring of a private equity fund affects its ultimate return. A poorly structured fund or investment can cause tax leakage for investors and create undue burden for members of the management team who receive carried interest. Private Equity International’s new publication, Tax-Efficient Private Fund Structuring, is a comprehensive and highly practical guide on tax planning for private equity funds established in the UK, investing in UK assets or having limited partners based in the UK, with input from relevant key jurisdictions in Europe. Edited by Jenny Wheater of Duane Morris, with lead contribution by SJ Berwin, this guide systematically identifies and analyses the tax issues at the fund level, the fund manager level and investor concerns. Importantly, new regulations such as FATCA and the proposed financial transaction tax (FTT), both of which demonstrate the rapid globalisation of tax law generally, are discussed. This 192-page publication is an essential reference for every private equity professional with dealings in the second largest private equity market in the world.
Jenny Wheater
Jennifer (‘Jenny’) Wheater is a partner in the tax practice at Duane Morris LLP where she works in the London office. Jenny focuses on the tax aspects of a wide range of issues and maintains a broad practice so as to offer a more complete and rounded service to clients. She has significant experience in structuring various forms of investment funds, including the tax implications of holding companies and the requirements of successfully establishing and running these entities to ensure tax goals are achieved. Jenny has also advised carried interest holders on optimal structures through which to hold their carry and has devised tax-efficient ways of conducting fund deals. In the secondaries sphere, Jenny has considered options in relation to possible UK stamp duty issues on secondary transactions. Jenny also advises extensively on value-added tax (VAT) issues, both in relation to fund structures and in a wider context, sometimes involving specific areas impacting international clients such as electronically supplied services. Jenny has considerable breadth of knowledge on tax issues pertaining to employment. She frequently assists clients in applying the UK’s employment related securities regime, which impacts carried interest holders in funds, as well as many others. Jenny has recently developed a special interest in internationally mobile executives and how their situations can be managed so as to minimise tax for both employer and employee. In addition to a UK bachelor’s degree in law from Durham University, Jenny has a master of laws in US taxation from Georgetown University and is admitted to practice in both England and Wales, as well as in New York. Noted in Chambers Global as a dual-qualified lawyer, Jenny is particularly familiar with UK/US cross-border tax issues and regularly advises clients on such matters, including the establishment of UK operations, the application of the UK/US double tax treaty and, recently, in the area of the Foreign Account Tax Compliance Act (FATCA) and its related intergovernmental agreement with the UK. Jenny is a member of the British Venture Capital Association (BVCA) Tax Committee and is a frequent speaker and writer on UK tax issues. She was a speaker at the 2012 BVCA Tax Legal and Regulatory Summit on FATCA and spoke on the topic of fund structuring issues at the Lexis-Nexis Private Equity Transactions & Tax Conference in May 2013. Jenny sits on the editorial board of Business Law International, an IBA publication. In this capacity, she has authored several articles, including an update on the potential impact of FATCA on the fund industry in 2012. Jenny focuses on the tax aspects of a wide range of issues and maintains a broad practice so as to offer a more complete and rounded service to clients. She has significant experience in structuring various forms of investment funds, including the tax implications of holding companies and the requirements of successfully establishing and running these entities to ensure tax goals are achieved. Jenny has also advised carried interest holders on optimal structures through which to hold their carry and has devised tax-efficient ways of conducting fund deals. In the secondaries sphere, Jenny has considered options in relation to possible UK stamp duty issues on secondary transactions. Jenny also advises extensively on value-added tax (VAT) issues, both in relation to fund structures and in a wider context, sometimes involving specific areas impacting international clients such as electronically supplied services. Jenny has considerable breadth of knowledge on tax issues pertaining to employment. She frequently assists clients in applying the UK’s employment related securities regime, which impacts carried interest holders in funds, as well as many others. Jenny has recently developed a special interest in internationally mobile executives and how their situations can be managed so as to minimise tax for both employer and employee. In addition to a UK bachelor’s degree in law from Durham University, Jenny has a master of laws in US taxation from Georgetown University and is admitted to practice in both England and Wales, as well as in New York. Noted in Chambers Global as a dual-qualified lawyer, Jenny is particularly familiar with UK/US cross-border tax issues and regularly advises clients on such matters, including the establishment of UK operations, the application of the UK/US double tax treaty and, recently, in the area of the Foreign Account Tax Compliance Act (FATCA) and its related intergovernmental agreement with the UK. Jenny is a member of the British Venture Capital Association (BVCA) Tax Committee and is a frequent speaker and writer on UK tax issues. She was a speaker at the 2012 BVCA Tax Legal and Regulatory Summit on FATCA and spoke on the topic of fund structuring issues at the Lexis-Nexis Private Equity Transactions & Tax Conference in May 2013. Jenny sits on the editorial board of Business Law International, an IBA publication. In this capacity, she has authored several articles, including an update on the potential impact of FATCA on the fund industry in 2012.
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