Taxation

In the US, every state has a different set of rules governing the taxation of Hedge Funds and the investors who put their money in them. In some countries, Hedge Funds are taxed in the same way as unit trusts, with income tax due each year on income payments and capital gains tax on profits. However, fund managers should select a tax efficient structure that gives maximum tax benefits to the investors. A Limited Partnership for domestic investors and Corporation structure for offshore Funds in tax haven countries like Cayman Islands, Malaysia, etc., are considered better Hedge Fund structures. Cayman Islands alone accounts for 80 percent of the registered Hedge Funds due to the benefits available in corporation structure for offshore entitiesIn general, the fund manager tries to structure the Hedge Fund, which will result in maximum tax savings to the founders and investors. The parties that are involved in the tax structuring are the investors, the Hedge Fund, the fund management company and the founders. The structure's overall aim is to ensure:

• No tax burden on the fund;
• Avoidance of double taxation to investors on investment in the fund;
• Minimizing tax payments worldwide by the fund management company (or companies or corporations); and
• Maximizing allowances/relieves from capital gains for the founders.