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Our Philadelphia-area boutique firm whose practice works exclusively with nonprofits and charities is hiring due to growth. Tax is the basis of Exempt Org work. That is why I am posting here. Great practice working to further charitable missions of our clients. Good WLB (1300 hour billable requirement). Opportunity for the right person to work remotely. DM me or email to recruiting@laurasolomonesq.com. Www.laurasolomonesq.com
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What's the question here?
Tax practitioners take the position that PIs have no value if granted at a certain time, but they absolutely do in the real world. Granting ahead of the transaction insulates the PI from some entitlement that may be created through the transaction and can help shore up the tax analysis. Does that help?
I’d argue these aren’t valid profits interest because they were in the money on day one. The best method in assessing fair market value is a 3rd party transaction and at the time of grant there’s arguably a peg of $100 even if the transaction didn’t close. At worst, the value is somewhere between $0 and $100. I wouldn’t be comfortable with this fact pattern that the units are good PIU and not a capital interest