Taxation of Non-U.S. Investment in U.S. Private Credit Funds: Fund Structures, Tax Rules, Exceptions, Safe Harbors
A live 90-minute premium CLE/CPE video webinar with interactive Q&A
This CLE/CPE webinar will provide tax counsel and advisers with guidance on navigating tax implications of non-U.S. investment in U.S. private credit funds. The panel will discuss common fund structures designed to accommodate non-U.S. investors and certain related tax considerations and consequences to non-U.S. investors. The panel will also review critical factors, such as type of investor, structure of fund, and location of fund, and address fund and investor tax issues.
Outline
- Persons subject to U.S. taxation
- U.S. taxation of foreign persons
- Advantages and disadvantages of alternative investment structures
- Tax strategies
Benefits
The panel will review these and other key issues:
- What are the various tax consequences of a non-U.S. person owning U.S. loans or originating loans directly?
- What exceptions or safe harbors are available for non-U.S. investors?
- What are common structures used for funds investing in U.S. private credit?
- What is the impact of blocker corporations and other intermediary entities on the tax treatment of foreign investment in U.S. private credit?
Faculty
Christine Harlow
Partner
Proskauer Rose
Ms. Harlow is a partner in the firm’s Tax Department and a member of the Private Funds Group, advising clients on... | Read More
Ms. Harlow is a partner in the firm’s Tax Department and a member of the Private Funds Group, advising clients on the tax aspects of private funds, including hedge funds, credit funds, private equity funds and joint ventures. She represents private fund managers in the formation of private funds, ongoing operations and the tax consequences of purchasing and disposing of investments. Ms. Harlow also represents investors regarding the tax consequences of investing in private funds. She advises fund managers and investors on a variety of fund structures, including closed-end, open-end, hybrid, and evergreen. Ms. Harlow's experience also includes structuring and negotiating seed and strategic investments and advising private fund managers with respect to the sale of investment management and general partner entities.
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Janicelynn Asamoto Park
Partner
Proskauer Rose
Ms. Park is a partner in the Tax Department and a member of the Private Funds Group. She counsels fund sponsors... | Read More
Ms. Park is a partner in the Tax Department and a member of the Private Funds Group. She counsels fund sponsors and their investors as to the tax and economic considerations relating to forming, operating, and investing in private investment funds, co-investment vehicles, and other investment partnerships across asset classes. Ms. Park also regularly advises investors and sponsors in buy-side and sell-side secondary transactions (including in connection with GP-led fund restructurings). Her practice also includes advising on domestic and cross-border financings and investments, inbound and outbound private mergers and acquisitions, and equity-compensation arrangements. Ms. Park currently serves on the board of Reach Out and Read of Greater New York, a not-for-profit organization that partners with physicians to promote early literacy in low-income communities.
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Cannot Attend May 15?
Early Discount (through 04/18/25)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.