Cherry Bekaert: Private Equity Industry Guidance

With the passage of the Inflation Reduction Act (IRA), certain renewable energy tax credits can now be transferred or sold by those generating eligible tax credits to qualified buyers, including private equity investors, seeking to purchase tax credits. Transferable energy tax credits provide a new and more efficient way for taxpayers to monetize these tax credits alongside tax equity structures, while providing a significant tax planning opportunity for private equity funds and their portfolio companies.  

In this episode of The Drawdown, Chris Truitt, Partner and Transaction Tax Services Leader, welcomes Marty Karamon, Partner and Tax Credits & Incentives Advisory Leader, Will Billips, Tax Services Partner, Tim Doran, Tax Credits & Incentives Advisory Director, and David Mohimani, Tax Credits & Incentives Advisory Manager. Together, they discuss deal structuring alternatives for transferable energy tax credits and how the new rules are impacting the private equity industry.

Related Guidance 

• Article: IRS Announces Notice 2024-36 and Round Two of Section 48C Allocations Timetable
• Webinar: The Developing Market for the Purchase and Sale of Clean Energy Tax Credits
• Webinar: Navigating the Impact: Inflation Reduction Act of 2022 Update
• Article: Factors to Consider When Seeking Cost Segregation and Section 179D Study Service Providers

Business interruption (BI) insurance is crucial for private equity firms, as it provides financial protection in the event of unforeseen disruptions to a portfolio company's operations. Interruption in business operations due to natural disasters, supply chain disruptions or cybersecurity breaches can have a significant financial impact to a fund’s bottom line. For private equity firms, business interruption insurance is not only a risk management tool but also a strategic asset that can safeguard their investments, maintain the trust of investors and protect the long-term value of their portfolio companies.

In this episode of The Drawdown, we welcome three members of Cherry Bekaert’s Forensic and Dispute Advisory Services team: Lori Smith, Partner and Practice Leader, and John Collier and J.C. Tuthill, Managing Directors. Together, they discuss:

• 1:28 - Business interruption insurance triggered upon damage to covered property at the premises
• 2:30 - Coverage and policy terms for funds and portfolio companies
• 4:25 - Calculating payment for types of business losses
• 11:00 - Dependent property coverage
• 12:55 - Next steps for fund managers 

If you or your private equity firm have any questions about business interruption insurance or how to prepare for a disruptive event, please reach out to our Forensic & Dispute Advisory Services team. 

On December 31, 2025, the current federal lifetime estate and gift tax exemption amount is scheduled to revert to pre-2018 limits, effectively reducing the tax benefit by 50%. This has the potential to greatly impact investment fund managers and other high-net-worth individuals. Without adequate and timely estate planning, these individuals may miss out on potentially millions of dollars in tax benefits.

In this episode of The Drawdown, Marci Spivey, Partner and Private Client Services Leader, welcomes Mike Kirkman, Partner and Estate, Gift and Trust Leader. Also joining the conversation is Clint Costa, Senior Wealth Strategist at Choreo, a wealth management firm and strategic alliance partner of Cherry Bekaert. Together, the team discusses how fund managers, can proactively plan with trusted advisors to protect their assets ahead of the exemption sunset. 

Related Guidance 

• Article: Use It or Lose It: Estate Tax Exemption “Sunset”  
• Article: Federal Estate and Gift Tax Exemption Will Sunset After 2025: How to Prepare Now

About Choreo

Choreo, LLC is an investment adviser registered with the SEC. Registration as an investment adviser does not imply a certain level of skill or training of the adviser or its representatives. This document contains general information, may be based on authorities that are subject to change, and is not a substitute for professional advice or services. This document does not constitute audit, tax, consulting, business, financial, investment, insurance, legal or other professional advice, and you should consult a qualified professional advisor before taking any action based on the information herein. Information has been obtained from a variety of sources believed to be reliable though not independently verified. Choreo, LLC its affiliates and related entities are not responsible for any loss resulting from or relating to reliance on this document by any person.

Applying voice of the customer (VoC) analyses at the beginning of the investment lifecycle can provide qualitative data on consumer behavior to inform investment decisions and post-transaction strategies.  By integrating VoC methodologies within traditional due diligence processes, organizations can make better strategic decisions to validate the deal thesis and drive post-acquisition growth.

In this episode of The Drawdown, Cameron Smith, Managing Director in our Transaction Advisory practice, welcomes Kristel Kurtz and Richard Schwartz, Partners in our Strategic Growth & Innovation practice. Together, they break down what organizations can gain by using VoC analyses and present case studies demonstrating practical applications.

Related Guidance 

Article: Voice of the Customer in Commercial Due Diligence: Maximizing Post-Acquisition Growth and Strategic Decisions 

What is a management service organization (MSO) or a dental service organization (DSO)?  Why have they become so attractive to private equity investors in recent years?  What are the potential challenges to successfully execute this high-volume roll-up strategy? 

In this episode of The Drawdown, we explore these questions and more with Cherry Bekaert Partners Steve Stang and Michael Ludwig as they provide key insights and approaches that can give private equity investors an edge in this competitive marketplace.

Introducing Cherry Bekaert’s Healthcare Micro-Deals Experience: a highly efficient, technology-driven solution for private equity that streamlines MSO or DSO roll-up acquisitions from pre-LOI to post-close integration. 

When bringing a new MSO or DSO online, private equity needs a replicable market strategy that is easily scaled for growth.  Efficiency during the diligence stage is essential to achieving high-volume growth objectives while minimizing transaction risks and maximizing long-term returns on investment.  Click here to learn more. 

Business and profit optimization is at the forefront of any Private Equity investor and management team dialogue. As noted in our recent Private Equity Industry Report, the record amount of M&A activity in 2021 may certainly lead to even more scrutiny surrounding post-acquisition integration and portfolio optimization through the use of technology, systems and process improvement. For Private Equity funds and portfolio companies, a digital transformation strategy can be an essential component in optimizing investment performance, profitability, and value.

In this episode of The Drawdown, we examine what digital transformation means from the perspective of a Private Equity fund and its portfolio companies, why a “digital strategy” is increasingly replacing a “digital project” mindset, and how effective strategies can increase integration success and improve ROI upon exit. Topics covered in this episode include:

• What is digital strategy for Private Equity?
• Things to consider in developing a digital strategy 
• Practical application: a portfolio company case study
• How digital strategies improve ROI
• Outlook on US middle-market Private Equity and digital transformation

More than 600 SPACs have gone public since July 2020, when the SPAC market heated up dramatically, raising over $200 billion. New regulatory scrutiny and several high-profile SPAC litigations have revived longstanding concerns about these “blank check” companies. Broader economic pressures are also adding to the unsteady market. That said, many believe we have seen enough SPAC transactions that it has become not only a respected alternative method of taking a private company public, but it is also here to stay.

In this episode of the Drawdown, we present Part II of our multi-part series on SPACs titled “The Players and the Paper,” where we explore key issues, provide valuable updates, and introduce the various parties and advisors involved in a SPAC transaction. 

We are joined by Cherry Bekaert’s Managing Partner of Private Equity and Transaction Advisory Services, Scott Moss, and special guest Andy Tucker, M&A Partner at Nelson Mullins, to discuss the current state of the market, recent transaction activity, and the market response to recent regulatory directives, as well as what to expect for 2022.

The following topics are discussed:

• [1:20]   – SPAC Market Update
• [3:55]   – Analysis of Active Industry Sectors
• [6:11]   – Transaction Pricing Concerns
• [10:57] – Economic Pressures Affecting Transactions
• [13:36] – Market Response to SEC Warrant Treatment
• [22:10] – Market Outlook for 2022

[Listen to Part I Here]

2020 was a record-breaking year for Special Purpose Acquisition Company (SPAC) transactions, with over 240 completed SPAC IPOs, raising total gross proceeds of approximately $75 billion. The trend has continued into 2021 with over 350 IPOs completed so far this year, with no apparent let-up in sight.

In this episode of the Drawdown, hosted by Cherry Bekaert’s Cameron Smith, Business Development Director of Private Equity, Cameron is joined by Cherry Bekaert’s Accounting Advisory Leader, Chase Wright, in Part I of a four-part series discussing the ins and outs of SPAC transactions and the material parties involved. In Part I, Chase introduces us to the role of the accountant and why selecting the right accountant for your transaction matters.    

Recently, we’ve gotten quite a few questions from clients who are considering a potential sale, as they want to get a better understanding of what to expect if they were to have a change in ownership. So to help paint a picture, we’ve called on a few of our professionals who each have a unique perspective of working closely with a private equity firm, from both the investor and the portfolio company standpoint.  

Join members of Cherry Bekaert’s Transaction Advisory Team as they explore the nuances of private equity ownership, including when it’s an ideal time for companies to consider partnering with a private equity firm; changes in reporting requirements; the impact to employee work life; and considerations to take when searching for the right investment firm. 

In this episode of the Drawdown, Cherry Bekaert’s Transactions Leader Jeff Bengtson provides a recap of trends in the private equity sector from 2020 – including how COVID has impacted investments – as well as an outlook on 2021 deal markets. He provides his perspective on what was driving private equity investment last year, as well as what’s in store for this year.