As a business owner or investor, it`s important to be familiar with different financial agreements that may impact your bottom line. One such agreement that has gained attention in recent years is the tax receivable agreement (TRA) payment. Here`s what you need to know about TRA payments and how they work.
What is a Tax Receivable Agreement (TRA)?
A tax receivable agreement is a legal contract between a company and its shareholders, often put in place after a merger or acquisition. The agreement is designed to compensate shareholders for any tax benefits the company receives in the future due to certain actions, such as asset sales or changes in tax laws. Essentially, the company agrees to pay its shareholders a portion of any tax savings it realizes over a specific period of time.
How do TRA payments work?
When a company enters into a TRA, it typically pays its shareholders a one-time lump sum payment in exchange for agreeing to future TRA payments. The amount of the lump sum payment is typically based on the estimated value of the company`s tax benefits. Once the TRA is in place, the company is obligated to track and report any tax benefits it receives over the specified timeframe, and pay its shareholders their portion of those benefits.
For example, let`s say a company enters into a TRA with shareholders that will last for 20 years. In year three, the company sells an asset and receives a tax benefit of $1 million. Under the TRA, shareholders are entitled to a portion of that benefit. If the TRA stipulates that shareholders receive 50% of tax benefits, then the company would pay the shareholders $500,000.
Why are TRA payments important?
TRA payments can be a valuable tool for companies looking to incentivize shareholders to approve mergers or acquisitions. By offering TRA payments, companies can sweeten the deal for shareholders and make it more attractive to approve the transaction. Additionally, TRA payments can help companies retain key shareholders after a merger or acquisition, as they may be entitled to future payments and have a vested interest in the company`s success.
From an investor or shareholder perspective, TRA payments can be a valuable source of income and a way to mitigate risk. In exchange for agreeing to future TRA payments, shareholders receive a lump sum payment upfront, which can provide immediate financial benefits. Additionally, because TRA payments are based on the company`s tax savings, they may be considered a more stable source of income than other forms of investment.
In conclusion, tax receivable agreement payments can be an important financial tool for businesses and investors alike. If you`re considering entering into a TRA, it`s important to work with an experienced attorney or financial professional to ensure that the agreement is structured in a way that is fair and beneficial to all parties involved.