FOX Hot Topic Webinar: Profits Interest Structure

Overview

Tuesday, Mar 06, 2018 - 03:30am
Tuesday, Mar 06, 2018 - 04:30am

In light of the favorable tax court ruling in Lender Management, LLC, v. Commissioner and the fact that miscellaneous itemized deductions (§212 deductions) are no longer deductible per the 2017 Tax Act, we are seeing a lot of interest in the profits interest structure. In this session, Tom Ward will explore the pros, cons, and reasons why family offices use this structure, as well as the impact of tax reform on those who use it. We’ll then hear from our very own member, Keith Lender, who will share a first-hand account with Allan Zachariah of their work on this important case and the best practices and lessons learned that may have applications for all FOX members considering or using the profits interest structure.

    [[{"fid":"30911","view_mode":"default","fields":{"format":"default","alignment":"","field_file_image_alt_text[und][0][value]":false,"field_file_image_title_text[und][0][value]":false},"type":"media","field_deltas":{"2":{"format":"default","alignment":"","field_file_image_alt_text[und][0][value]":false,"field_file_image_title_text[und][0][value]":false}},"attributes":{"style":"margin-right: 5px; margin-left: 5px; float: left;","class":"media-element file-default","data-delta":"2"}}]]Keith Lender, President, Baldwin Street Management

    Keith Lender is the President of Baldwin Street Management, a Family Office. Since joining the firm in 2004, Keith has taken on many responsibilities in addition to managing the firm’s asset allocation, and manager selection. Keith successfully initiated the search, and ultimately the execution of the outsourcing of the back office functions of the office. He also reinvigorated the communication and education efforts to family members, culminating in their fourth family meeting this summer.

    Keith also serves on the Board of Directors of Gitam Images, an investment partnership in Israel, where holdings include a majority stake in Gitam/BBDO, one of Israel’s top advertising and public relations agencies, as well as a diverse portfolio including real estate and venture capital.  

    Keith’s primary background and education is in Marketing. He has held marketing positions with the following companies: Unilever (Lipton), LVMH (TAG Heuer), Ocean Spray, S.C. Johnson, and Kraft. Keith then spent three years teaching mathematics at Preston High School in the Bronx, where until recently he taught a business class part time. Keith has a B.S. from Cornell University and an MBA from the Kellogg Graduate School of Management at Northwestern University.

    Keith sat on the Board of Trustees at Preston High School as well as serving as on the alumni board of the Hopkins School, and was a founder of the Cornell Food Industry Management Junior Advisory Board.

    [[{"fid":"30916","view_mode":"default","fields":{"format":"default","alignment":"","field_file_image_alt_text[und][0][value]":false,"field_file_image_title_text[und][0][value]":false},"type":"media","field_deltas":{"3":{"format":"default","alignment":"","field_file_image_alt_text[und][0][value]":false,"field_file_image_title_text[und][0][value]":false}},"attributes":{"style":"margin-right: 5px; margin-left: 5px; float: left;","class":"media-element file-default","data-delta":"3"}}]]Thomas Ward, Partner, McDermott Will & Emery

    Thomas (Tom) P. Ward focuses his practice on the structuring and implementation of transactions involving partnerships and limited liability companies, including private equity fund formation, portfolio company investments and representation of pension fund investors in private equity funds. He also advises clients with respect to use of profits interests as compensation and legislative efforts to change the tax treatment of carried interests.

    Tom works closely with family offices on partnership issues, including structuring and tax allocation matters. He also addresses federal income tax issues related to aircraft acquisition and operational issues arising from personal versus business use. In addition, he advises clients on tax issues with respect to domestic and international joint ventures.

    [[{"fid":"30921","view_mode":"default","fields":{"format":"default","alignment":"","field_file_image_alt_text[und][0][value]":false,"field_file_image_title_text[und][0][value]":false},"type":"media","field_deltas":{"4":{"format":"default","alignment":"","field_file_image_alt_text[und][0][value]":false,"field_file_image_title_text[und][0][value]":false}},"attributes":{"style":"margin-right: 5px; margin-left: 5px; float: left;","class":"media-element file-default","data-delta":"4"}}]]Allan Zachariah, Co-CEO, Pathstone Federal Street

    As Co-CEO of Pathstone Federal Street, Allan Zachariah supervises a highly experienced, multidisciplinary team of specialists that delivers comprehensive family office solutions to high-net-worth individuals and families. Allan is a partner and also a member of the firm’s Executive Committee and Board of Managers. Allan has over 34 years of professional experience designing sophisticated wealth transfer strategies for family businesses and high net worth individuals and is a frequent speaker on wealth transfer techniques and family office issues.

    Prior to Pathstone Federal Street, Allan was an Executive Managing Director of Pathstone Family Office. In 2000, as a Managing Director of Harris myCFO, he opened the Atlanta office of myCFO and led the office through a period of significant growth, increasing assets under advisement to more than $1 billion during his tenure. He also assisted in the opening of the Northeast office of Harris myCFO in 2006 and became Co-Managing Director of East Coast operations in 2007.

    Allan has also served as a partner and National Director of Estate Planning for Grant Thornton and as a partner and member of the National Estate and Gift Planning Team at BDO Seidman, both in Atlanta. He began his career as an accountant with the Louisville, KY office of Arthur Andersen developing the office’s Family Wealth Practice and the Real Estate Service Group for Kentucky and Southern Ohio.

    Allan earned his bachelor's degree in accounting from the University of Kentucky. He is a member of the American Institute of CPAs, the Georgia Society of CPAs and the Board of Governors for the Buckhead Club. He is also a member of the National Board of Governors of the American Jewish Committee and the Advisory Board to the University of Kentucky Von AllmenSchool of Accountancy.