This form is used when Assignor grants, assigns, and conveys to Assignee a percentage of the net profit interest in the Working Interest. The Net Profits Interest is the stated percentage interest in the share of monies payable for gross production attributable to the Working Interest less the costs and expenses attributable to the Working Interest.
Kansas Assignment of Net Profits Interest
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Multi-State
Control #:
US-OG-303
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Word;
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How to fill out Assignment Of Net Profits Interest?
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FAQ
Example: A company is worth $1,000,000 and is later sold for $2,000,000. A worker who receives 10% in stock immediately owns $100,000 of the company's value and receives $200,000 when the company is sold. A worker who receives a 10% profits interest grant owns $0 of the company's value upon receiving the interest.
What Is a Profits Interest? Profits interest refers to an equity right based on the future value of a partnership awarded to an individual for their service to the partnership. The award consists of receiving a percentage of profits from a partnership without having to contribute capital.
A net profits interest is an agreement that provides a payout of an operation's net profits to the parties of the agreement. It is a non-operating interest that may be created when the owner of a property, typically an oil and gas property, leases it out to another party for development and production.
Profits interests are taxed as capital gains When designed and directed properly, the recipient pays no tax at grant (as long as granted at or above the threshold value), no tax at vesting, and no ordinary income taxation upon the liquidation event.
Revenue Procedure 93-27 provides, subject to certain exceptions, a ?safe harbor? indicating that the receipt of a ?profits interest? in exchange for the provision of services to or for the benefit of a partnership in a partner capacity (or in anticipation of being a partner), is not a taxable event.
The grant of a profits interest has a distinguishing feature in current US tax law: It is a transfer of true equity without the typical buy-in or tax friction associated with most equity transfers.
?Catch-Up? Capabilities A catch-up provision typically provides that the holder of a profits interest is allocated the first dollars of income, after income allocations equal to the distribution threshold, until the holder has received allocations so that he or she is ?caught-up? on his or her proportionate interest.
Example 1: Profits interest ? Let's say that the company is worth $1,000,000 and has $50,000 in annual profits. A worker with a 10% interest grant doesn't have any interest in the company's current market value, but they do have a 10% interest in annual profits, which equates to $5,000.