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Are Private Equity Funds Engaged in Business for ERISA or Tax Purposes?
McGladrey Link to more items from this source
Oct. 24, 2013
"There is no clear definition of trade or business either for ERISA purposes or for income tax purposes.... Tax advisors to PE funds should carefully evaluate the potential effects of the [Sun Capital] decision on their ERISA liabilities and the tax treatment of their investors and managers. The only apparent positive consequence of trade or business status for tax purposes would be that the expenses of the PE fund would be deemed ordinary deductions under section 162 rather than expenses of generating profit under section 212. The other consequences are generally negative."

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