December / January 2007 Issue


    Month: December
    Year: 2007

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    Rules vs. principles

    Should the UK go ahead with plans to implement a 18 percent capital gains tax, will it take a step further to introduce an overarching anti-avoidance legislation to stop the move from income to capital? If so, should it rule with a heavy hand or principles? 

    A new protocol

    Recent modifications to the US-Canada tax convention mean more opportunities for US private equity investments in Canada, but significant tax risks exist for the unwary. 

    Do you know your UBIT?

    It’s not enough to know about UBIT – unrelated business income tax can influence decisions limited partners make in the US. Here are some ways to think about, and minimize, UBIT. 

    These coasts are clear

    Given how many countries are currently reviewing the tax status of private equity, offshore jurisdictions are poised to continue their substantial role in the industry. Here’s a review of the states of tax law in some of the more popular offshore destinations for the asset class. 

    Carry crossfire

    Amid the chorus of opinions on the taxation of carried interest in the US, PEI Manager hosts the definitive debate between two US tax experts with opposing views on the issue. 

    Next stop, Hong Kong

    Weil Gotshal followed its private equity clients all the way to Asia, first in Shanghai, and now Hong Kong. 

    Southern charm, global flair

    Crossbow Ventures presents a uniquely global recipe for VC success, with partners from Zurich, Mumbai and New York, backed by Swiss institutional LPs. The firm is focused on sourcing deals in what is widely viewed as an innovation hotspot: the Southeast US. 

    KKR goes larger

    The private equity behemoth has hired its first general counsel, HR chief and information chief, as it leases additional Manhattan real estate for certain ‘administrative functions.’ 

    Who's who

    A good relationship with your LP base begins with keeping people’s names straight, which can be challenging in a market with massive turnover. 

    State Street launches index

    The new service opens up a treasure trove of historic returns private equity information. 

    Congressional coup

    The millions of dollars that private equity firms have poured into lobbyists’ coffers appear to have paid off, as US legislators have – for now – relented on legislation that would have more than doubled the tax on carried interest.

    Prepare for the worst

    New rules targeting US tax preparers are bringing grief to private equity partners. 

    Last call for transparency

    Sir David Walker has published his long awaited report on disclosure and transparency in private equity in the UK. Is compliance with his recommendations enough to stave off government regulation? 

    Getting ready for the crunch

    Minimising the impact of financial crisis on private equity funds and venture capital funds 

    Octopus appoints marketing director

    The alternative investment firm has hired a former Capital One executive to lead its marketing efforts 

    Venture market impressions

    The technology group of law firm Lowenstein Sandler recently released results of its Third Annual Venture Terms Survey, which polled 39 senior investment professionals and general counsel at venture capital and private equity firms across the US. The firm cautioned that its survey is more “impressionistic” than empirical. 

    Paying up for management

    The management teams at private equity portfolio companies in Europe are asking for higher equity values of the business – and getting it. Separate financial advisors, long-standing management teams and secondary sales will likely sustain the movement towards enhanced management equity yields. 

    Best of both worlds

    When structuring a distressed fund, a hybrid model may offer the best qualities of both hedge funds and private equity funds. 

    Central station

    Running the finance function at global, multi-office private equity firms is best done through optimizing the mix of centralized and outsourced functions. 

    Our man in the West

    While most emerging markets private equity firms pride themselves on a local presence, quite a few maintain offices based in the West to foster relationships with investors and coordinate funds in multiple geographies. 

    Into the wild

    Some emerging market GPs are becoming regional champions by expanding into even less developed, neighboring locales.

    Junior capital

    Associates at US law firms are enjoying increasing salaries and bonuses. 

    From the ground up

    IDFC Private Equity is has a unique structure to address a singular problem. The publicly listed private equity vehicle is partially owned by the government of India. It brings a private equity approach to a big opportunity – infrastructure. 

    External affairs

    General counsel at private equity firms must juggle relationships with multiple external legal professionals. 

    Level 3 communications

    The hubbub over Wall Street’s hard-to-value assets has relevance to private equity. 

    Apollo adds in-house attorney

    Cindy Wenig joins Apollo Real Estate Advisors as general counsel. 

    Crashing the party

    The US government’s concerns over national security are likely to increasingly hamper the sale of stakes in management companies to sovereign wealth funds. 

    Better be a VC

    California has unveiled an official definition of ‘venture capital firm.’

    Continental concerns

    EVCA has argued that the Walker Report should address its reservations in order to become a ‘European benchmark.’ 

    Push and pull

    The US House of Representatives has narrowly passed a bill that aims to raises taxes on private equity and hedge fund managers by roughly $48 billion. The bill now heads to the Senate, and if approved, is likely to be vetoed by President Bush.