HIDE

Other Publications

Insights

Publications

Crowdfunding: A Popular Way to Invest, but Watch Out for Taxes

Crowdfunding is an internet-based form of raising capital for businesses and other endeavors that is popular with millennials.  Millions of dollars are raised each month through crowdfunding, but it is unlikely that much thought has been given to the tax consequences for investors and the companies being funded.  The ways in which crowdfunding transactions are structured vary significantly, and as a result, the tax consequences vary.  In Information Letter 2016-0036, the I.R.S. explains its view of the tax consequences.  The tax consequences may not be benign for the company raising the funds unless certain conditions exist.  Philip R. Hirschfeld and Elizabeth V. Zanet explain the I.R.S. view.

Read More

Property Contributions to Partnerships with Related Foreign Partners

The Tax Section of the American Bar Association recently commented on a set of proposed rules that appear in Notice 2015-54.  When adopted, these rules would limit the ability of U.S. persons to transfer appreciated property to a partnership in a tax-free transaction when the partnership has a non-U.S. person as a partner.  The I.R.S. is concerned that through special allocations of gain, built-in appreciation in contributed assets may escape taxation.  The Tax Section makes a case for additional guidance concerning the methods proposed to eliminate that result.  Philip R. Hirschfeld and Nina Krauthamer discuss the I.R.S. proposal and A.B.A. comments.

Read More