How Hedge Fund Investors
May Reduce Taxes
One of the most frequent questions we get from clients is, “How will I be taxed?”
Hedge funds (and mutual funds) that invest in options may generate 90% or more of their income from selling options on equities held in their portfolio. Fund managers collect the option premium and pass it along to investors as short-term capital gains when they buy back the options at a profit.
The IRS regards short-term trades—investments held for a year or less—as disqualified from applying special capital gains deductions. Accordingly, most investors at the top of the income tax range must pay thirty-seven percent taxes (without astute planning). On the other hand, long-term capital gains are taxed at 20%, 15%, or zero, depending on one’s income bracket.
One of the most frequent questions we get from clients is “How will I be taxed?”
As a hedge fund participant—formally known as Limited Partners (or LPs)—you can expect to receive an annual K-1 from the fund manager detailing gains and losses, short-term and long-term. From there, you—in collaboration with your accountant— report these trades on your tax returns. Thus, LPs individually deal with the K-1’s impact on the tax due after considering all investments and income-earning activities.
How do you potentially reduce your tax liability? Consider:
Invest Via Your IRA
IRAs have several advantages for dividend-generating investments. IRA investments—made with pre-tax dollars—grow tax-free and will only be taxed upon withdrawal when you retire. Notable advantages: Reinvesting the funds back into the hedge fund (or some other investment) means 100% of the dividend earned will compound for years to come (not 63% of it if taxed in the year earned at 37%). The tax rate at retirement is frequently lower than at the pinnacle of your earnings lifecycle.
Roth IRAs – constructed with after-tax dollars—grow tax-free and attract zero taxation on retirement. These advantages are extraordinary, one up on traditional IRAs as described above.
The negatives are dollar limitations on how much you can invest through these vehicles annually. The total IRA investing contribution limit in 2024 (Roth plus Traditional) is $7,000 for people under 50 and $8,000 for ages 50+.
IRAs have several advantages for dividend-generating investments. IRA investments—made with pre-tax dollars—grow tax-free and will only be taxed upon withdrawal when you retire.
Set Up a Donor-Advised Fund
Donor-advised Funds (DAF) give you an immediate tax deduction while your assets grow tax-free. With a DAF, you can deduct cash or near-cash contributions up to 60% of your adjusted gross income. Non-cash contributions qualify for up to 30% of AGI deduction, with a five-year carry-forward.
DAFs are relatively easy to establish and are often the program of choice for donors looking to gift relatively smaller amounts, typically meaning $2 million or less. You designate which charities you want to benefit and the timing of the grants. You can also place many investment types—cash, mutual funds, hedge funds, private equity, real estate, life insurance policies, retirement account distributions, fine art, and collectibles, among others—into your DAF.
Note that you must choose a sponsoring organization to establish your DAF account. All donations are irrevocable and belong to the organization, which retains exclusive legal control over the contributed assets.
Donor-advised Funds give you an immediate tax deduction while your assets grow tax-free. With a DAF, you can deduct cash or near-cash contributions up to 60% of your adjusted gross income.
Establish a Private Foundation
Private foundation tax strategies closely resemble DAF objectives. Both revolve around charitable donations as the driving force, with similar asset diversity. Unlike DAFs, donors retain control of the assets place into the foundation account. You can create legacies that will survive them, with the possibility of family members taking up the baton, and guiding the foundation’s activities into the future.
Unfortunately, compared to DAFs, private foundations may provide less attractive tax deductions. For example, the potential maximum tax deduction for cash or gifting is thirty percent (versus DAF’s sixty percent). Note that estate donations are the exception, with unlimited deductions for private foundations and DAFs.
A private foundation isn’t for you if you prefer to be an anonymous donor. Foundation filings appear in circulated public records, whereas DAF contributions escape that requirement. Income in both charity classifications is federal income tax exempt, except private foundations must pay a 1.39% excise tax.
Also, DAFs have nominal distribution requirements whereas private foundations must dispense 5% of their asset holdings from contributions and income earned, annually.
Offset Capital Gains with Capital Losses
Fund managers can do their part to mitigate taxes through a tax loss harvesting strategy. Tax loss harvesting involves selling a security for a loss and using the capital loss to offset any capital gains or income reported on investors’ K-1. If investment managers think there is still value in owning that security, they may replace it with one similar—not too similar to avoid the IRA wash sale rule—or wait 31 days to buy the same security.
Unused capital losses are the ingredients of a tax-reduction strategy your accountant should know well. Indeed, the “capital loss carryover” concept allows you to apply unused capital losses (those exceeding $3,000 in a year) to reduce capital gains in future years. It’s a widely-used strategy and a benefit high-net-worth investors like you, with diverse holdings frequently take advantage of to offset multiple years’ worth of taxes.
By leveraging the avenues available within the tax code, you can navigate the tax landscape, and ensure that your fund remains less taxing and more rewarding in the long run. You may want to consult with your tax advisor to determine the best approach for your situation.
About Solidarity Capital
Solidarity Capital is a boutique asset management company, and investment fund manager focused on delivering monthly income to investors using a proprietary investment strategy. Based in Lehi, Utah, Solidarity is led by our founders, Jimmy Mortimer, Jeff McClean, and Zach Whitchurch, entrepreneurial thinkers and doers.
About Jeff McClean
Jeff McClean, Managing Partner of Solidarity Capital, brings a unique perspective to the Solidarity Capital investment team. Jeff leads fundraising, fund administration, investor relations, product development, and contributes to the strategic investment direction of Solidarity Capital. He earned a bachelor’s degree in accounting from Brigham Young University–Idaho, and a Juris Doctor, with honors, from the University of Texas School of Law.