Investment Entities Structured Advantage

To get the most out of your investments, you must have a sophisticated tax plan. At Kilpatrick Townsend, we counsel entities with specialized tax treatment, including real estate investment trusts (REITs), captive insurance companies, and regulated investment companies (RICs or mutual funds) on ongoing tax compliance and a variety of transactions. Our attorneys work closely with our Investment Management Team during the formation of numerous fund investment vehicles both onshore and offshore — including hedge funds, private equity funds, venture capital funds, and real estate funds — while providing counsel on many transactional matters and complex partnership tax rules. Backed by decades of success, we fully understand all the historical factors, short- and long-term considerations, and limitations and risks associated with investment entities so we can seize all available opportunities and advantages under the tax codes for our clients.

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Experience

Acted as tax counsel to one of the largest owners and operators of off-campus student housing involving a REIT in a merger transaction valued at $1.9 billion.

Advised in the structuring and formation of a $500 million program REIT between a real estate developer and a college endowment.

Provided tax structuring advice on new investment fund and advice on new insurance company investor designed to increase investor market.

Analyzed strategic tax alternatives for a publicly-held hotel operation management services company, including REIT conversions and mergers.

Acted as tax counsel to several mutual funds regarding the acquisition of several portfolios of securities.

Counseled a private equity fund in structuring several acquisitions of portfolio companies, including organizing tax-efficient rollover equity structures for management of portfolio companies.

Counseled foreign sponsors of a U.S.-based real estate fund on the structural and ongoing tax compliance required to form a real estate fund. Advised foreign sponsor on U.S. trade or business aspects of fund management by certain key principals.

Worked with Canadian tax advisors on the formation of a U.S.-based real estate fund that will invest primarily in storage facilities located in Canada. Advised clients on the transaction’s U.S. tax aspects, including foreign tax credit availability, and coordinated Canadian and U.S. tax considerations to minimize overall tax consequences to maximize fund returns.

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