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发表于 2024-9-6 17:10:40
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Foreign Investment in United States Real Property (FIRPTA); Fees from portfolio companies in which the fund manager provides services such as consulting or other services that are not ancillary. The fund manager would typically be involved in such an arrangement in order to generate fee income. In order to not create undesirable income for such investors, the fund manager could render such fee income services only on its own behalf and not the fund’s. Fee income could also be disadvantageous for tax-exempt investors that are discussed above; and Financing activities is an area that is worth mentioning. However, this area should not present much of a problem for venture capital funds as they are not in an active business in making loans to the companies in which they own equity. But to the extent that a venture capital fund starts making loans on a regular and continuous basis, then they would have to make sure this activity does not rise to or can be attributable to the active conduct of a U.S. banking, financing or similar business as the IRC Sec. 864(b) safe harbor would not apply and such an arrangement could be disastrous for offshore investors.
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The true metric of investment success for venture capitalists is twofold: achieving a strong return on investment (ROI) and enhancing the value of the portfolio company. A positive return is often calculated through rigorous financial analysis by looking at the internal rate of return (IRR) or multiples on invested capital (MOIC).
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