Administrative/Regulatory,
Government,
Tax
Apr. 4, 2018
Can you mitigate the new holding period on carried interests?
One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period on “carried interests,” which has especially significant implications for those in the real estate industry.





Phil Jelsma
Partner and Chair of the Tax Practice Team
Crosbie Gliner Schiffman Southard & Swanson LLC (CGS3)
Email: pjelsma@cgs3.com
Phil is chair of the tax practice team at CGS3. He is recognized as a leading joint venture and tax attorney, with a 30-year background in real estate exchange transactions, syndications, nonprofit corporations and international tax planning.
One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period on "carried interests," which has especially significant implications for those in the real estate industry.
Generally, a three-year holding period applies with respect to long term gains allocated to an "applicable partnership interest," or "API." If the API wasn't held three years, the gain allocated to the...
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