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Original source: https://nyppexprivate.blogspot.com/2021/05/how-to-choose-right-qualified-matching.htmlIn the event that you have had your fund transferred frequently by limited partners, then there is a real risk that it might get designated as a publicly traded partnership.
This will be really bad for you because your fund can be liable to get taxed as a corporation that can provide income.
It can be really surprising to learn about how low the line is when funds can get treated as publicly traded partnerships.A partnership can get treated as a publicly traded partnership in certain specific situations, like for instance if the interests in the partnership that are being traded are on certain securities markets.
However, the problem in this regard is that if you have a secondary market then what parameters does it follow.
Under the rules of income tax, you will be tested based on certain circumstance tests to learn if your fund is available for buying, selling and trading in a specific manner that can be compared to proper trading practices in the securities market.This can be really bothersome because income tax officials can be quite petulant in designating your fund is tradable.
One of the provisions that you can use here is to show how your fund can be exempted under certain regulations and show it as a trading exception.
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