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Private Equity U.S. Treasury

Cooley LLP

Form SHL Due August 30: Foreign Investors’ Holdings of US Securities

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As part of a mandatory survey conducted by the Department of the Treasury, US-resident entities, including venture capital and private equity funds, may be required to report information regarding their non-US resident...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Vinson & Elkins LLP

IRS, Treasury Look to Challenge So-Called Basis-Shifting Transactions, But It Won’t Be Easy

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The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) announced the latest chapter in the long-trumpeted enforcement initiative aimed at large partnerships. The guidance, summarized below,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Newly Proposed Regulations on Stock Buyback Excise Tax Largely Adopt Approach From Initial IRS Guidance

On April 12, 2024, the Treasury Department (Treasury) and Internal Revenue Service (IRS) issued proposed regulations (89 FR 25980 and 89 FR 25829) on the excise tax on stock buybacks enacted as part of the Inflation Reduction...more

Hogan Lovells

Proposed new U.S. outbound investment restrictions – what this could mean for APAC businesses and investors

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The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on United States (U.S.) persons notification requirements for certain transactions and outright prohibits U.S....more

Buchalter

U.S. Government Announces Ban on U.S. investments in China High Tech Sectors

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On August 14, 2023, pursuant to a Presidential executive order issued several days earlier, the U.S. Department of the Treasury released an Advance Notice of Proposed Rulemaking (the Proposed Rulemaking) announcing a ban on...more

Paul Hastings LLP

Daily Financial Regulation Update -- Thursday, June 30, 2022

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The Consumer Financial Protection Bureau issued an advisory opinion addressing that federal law often could prohibit debt collectors from charging consumers "pay-to-pay" fees when a consumer seeks to make a payment in a...more

Fox Rothschild LLP

Fund Adviser Exemptions Primer– Redux

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I never find it boring to review the investment adviser exemptions for private fund managers. Apparently, I am not the only one since this is a question we frequently field. Initially, private fund manager investment...more

Kramer Levin Naftalis & Frankel LLP

Final Treasury Regulations Issued Addressing the Application of Section 1061 to Carried Interests

On Jan. 8, 2021, the Department of the Treasury (Treasury) and the Internal Revenue Service (the Service) issued final regulations (Final Regulations) (T.D. 9945) governing the treatment of “carried interests” (also referred...more

Sheppard Mullin Richter & Hampton LLP

CFIUS Update Issue — Well I Do Declare: Mandatory Declarations Everywhere

On May 21, 2020, a proposed rule change brought the threat of a mandatory CFIUS filing to investments across all U.S. industries. The U.S. Department of Treasury proposed a rule that removes a restriction formerly in the...more

Sheppard Mullin Richter & Hampton LLP

The CFIUS Book: Second Edition (Slight Delay)

The pandemic that has put our world a bit sideways has, as you might expect, set back our publication date. We should have paper copies of the (much anticipated) CFIUS Book: Second Edition available by mid-May 2020. However,...more

Seyfarth Shaw LLP

[Event] Treasury Issues Final CFIUS Rules: How Are Transactions With Foreign Parties Affected? - February 27th, New York, NY

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This program, co-sponsored by Seyfarth and Kroll, a division of Duff & Phelps, will bring into sharper focus the application of new regulations issued by Treasury on behalf of the Committee on Foreign Investment in the United...more

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ Final Regulations

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On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), finalized two sets of regulations to implement the Foreign Investment Risk...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFIUS’ Final Rules: Broader Reach, Narrow Exceptions and Foretelling Future Change

On January 13, 2020, the U.S. Department of the Treasury (Treasury), on behalf of the Committee on Foreign Investment in the United States (CFIUS or the Committee), issued two sets of final regulations implementing the...more

Dechert LLP

Implementing FIRRMA: Highlights from CFIUS’ New Proposed Regulations

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On September 24, 2019, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued two proposed regulations (“Proposed Regulations”) to further...more

White & Case LLP

Defying gravity: US M&A H1 2019: Can the good times last? Four factors shaping M&A in the second half of 2019

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Many of the factors that have underpinned recent M&A activity remain in place, but concerns are mounting. Positive drivers of M&A, including the strength of the US economy, the availability of financing and the strategic...more

Dechert LLP

Global Private Equity Newsletter - Fall 2018: Congress Enacts CFIUS Reform in Effort to Strengthen Foreign Investment Rules

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President Trump signed into law the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA) on August 13, 2018, which was included as part of the annual National Defense Authorization Act (NDAA). FIRRMA...more

A&O Shearman

IRS Issues Guidance Affecting Tax-Exempt Investments in Private Equity Funds

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Under the Tax Cuts and Jobs Act (TCJA, December 22, 2017), tax-exempt investors must now calculate unrelated business taxable income (UBTI) separately with respect to each trade or business. As a result, a deduction from one...more

Goodwin

Treasury Targets Tax Deferral in Leveraged Partnership Structures with New Regulations

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The Treasury issued new final, temporary and proposed regulations that take aim at, and significantly reduce the effectiveness of, leveraged partnership structures intended to achieve tax deferral to the contributing partner....more

Dechert LLP

Global Private Equity Newsletter - Summer 2016 Edition: New Proposed Regulations Increase Scrutiny on Related-Party Debt

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New rules recently proposed by the U.S. Treasury Department (“Treasury”) and the Internal Revenue Service (“IRS”) would re-characterize purported debt instruments as equity instruments, and could have significant implications...more

Latham & Watkins LLP

Private Equity Fund Managers: Annual Compliance Reminders and New Developments

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Summary of private equity firms’ compliance obligations, discussion of notable developments in 2015 and outlook for 2016. US federal laws and regulations, as well as the rules of self-regulatory organizations (SROs),...more

Jackson Walker

Proposed Treasury Regulations Address Private Equity Management Fee Waivers and Profits Interests

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The Internal Revenue Service ("IRS") and Treasury Department recently released proposed regulations under section 707(a)(2)(A) of the Internal Revenue Code of 1986 (the "Code) addressing the issuance of certain interests in...more

Lowndes

Senators Call on IRS to Finalize Management Fee Waiver Regulations

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Yesterday, Senators Franken, Warren, Baldwin and Whitehouse sent Treasury Secretary Lew a letter regarding management fee waiver arrangements. What is a management fee waiver arrangement? It is where a fund manager...more

Stinson - Corporate & Securities Law Blog

FinCEN Proposes Extending Anti-Money Laundering Compliance Requirements to Investment Advisers

On Tuesday, the United States Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a rule that would require SEC-registered investment advisers, including private equity and hedge funds, to comply...more

Faegre Drinker Biddle & Reath LLP

IRS Issues Proposed Regulations Addressing Fee Waivers

On July 22, 2015, the U.S. Department of the Treasury issued proposed regulations addressing the tax treatment of certain private equity management fee waivers. These new rules could result in many common management fee...more

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