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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.
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.
A profits interest is an equity-like form of compensation that limited liability companies (LLCs) can offer to employees and other service providers.
Unlike the owner of a capital interest, the owner of a profits interest typically has not invested any money in the business and, usually, has no obligation to contribute funds in the future.
Properly designed, profits interests convey an ownership share of future profits and equity upside without a capital stake in the past. This powerful incentive plan requires no buy-in; is not taxable at grant or vesting; and, its capital liquidations are taxed as capital gains.