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Going from Bad to Worse: The Mechanics and Tax Consequences of Clawback Arrangements

September 2012

This panel discusses the mechanics of clawbacks in the real estate fund context and the tax issues that arise in connection with the payment and receipt of a clawback. The panel will also discuss drafting considerations and the effect on tax allocations, guaranteed payments and capital shifts.

Moderated by Todd D. Golub, Ernst & Young LLP, Chicago, IL

Panelists:
Steven R. Schneider, Goulston & Storrs, Washington, DC;
Steven A. Schmoll, Ernst & Young LLP, Washington, DC