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Profits interest is a way for partnerships to reward and retain employees in lieu of having equity to grant. Profits interest gives key employees a share in the future growth in value of the partnership in return for their efforts in making that happen.
A profits interest serves as an incentive for partners to become more proactive in pursuing greater profitability, thus contributing to the companies' growth. It also provides a tax benefit to recipients, as all appreciation in value is taxed as long-term capital gains rather than as ordinary income.
If you conclude that profits interests are a substantive class of equity and required to be settled based, at least in part, on the price of the entity's equity or equity instruments, they are accounted for under ASC 718.
A Profits Interest Grant recipient must be a Partner or become a partner. A profits interest recipient must be treated as a partner and cannot be treated as an employee.
A profits interest award agreement used to grant incentive units in a limited liability company to service providers under an equity incentive plan. This Standard Document has integrated notes with important explanations and drafting tips.