Rollings Fees Into Deals As Equity
Broker's and acquisitions folks let's talk about your fees being put into deals as equity.
I am curious because I was watching a Q&A with Simon Ziff and he casually mentioned in passing that he had found a tax-efficient manner in which to invest the firm's fees. In fact so much so that he regrets having not invested more of the firm's fees during the recession from what I recall.
What I interpreted.... is that he's suggesting that at the closing, since the fee remains in escrow and goes directly into the deal as equity, and thus never touching your bank account until a capital event.... you don't have to report to the IRS that you have "earned" that income because you haven't actually realized it. I have also had close friends tell me they've done this with some big ass fees too ($500k+).
1) If you're a broker and your charge a fee and roll into the deal with a sponsor what's the tax treatment?
2) If you're a sponsor and your LP pays your an acq/structuring fee and it goes into the deal what's the tax treatment?
3) If you transfer funds from one escrow account to another with the intent to invest in another deal (outside of the one your acq/structuring fees were paid for) what's the tax treatment?
4) What happens when you sell the deal? Is it income or cap gains?
Does anyone actually know what the tax rules surround this? Seems like a gray area but apparently everyone does it.