Kentucky Shared Earnings Agreement between Fund & Company

State:
Multi-State
Control #:
US-ENTREP-0057-1
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Word; 
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Description

"A "Shared Earnings Agreement" (SEA) isan arrangement between a business and an investor about an upfront investment in a startup or a small businessthat entitles the investor to a share of the future earnings (hence the name) of the business.
used as a substitute for equity-like structures like a SAFE, convertible note, or equity. It is not debt, doesn't have a fixed repayment schedule, doesn't require a personal guarantee."

The Kentucky Shared Earnings Agreement is a contractual agreement between a fund and a company that outlines the terms and conditions of profit-sharing arrangements. This agreement enables both parties to establish a mutually beneficial partnership by sharing the monetary gains achieved through their joint efforts. One type of Kentucky Shared Earnings Agreement is the General Partnership Shared Earnings Agreement. In this agreement, both the fund and the company have equal decision-making power and share profits and losses equally. This type of agreement fosters a collaborative approach where both parties have an equal stake in the success of the venture. Another type is the Limited Partnership Shared Earnings Agreement. In this scenario, the fund acts as the limited partner, providing capital and investment, while the company acts as the general partner, managing the day-to-day operations. Profits and losses are then shared according to the agreed-upon ratio outlined in the agreement. This type of partnership allows the fund to have a more passive role in the company while still sharing in the potential rewards. The Kentucky Shared Earnings Agreement sets clear guidelines regarding the distribution of profits and losses, specifying the percentage or ratio assigned to each party. It also outlines the process for allocating earnings, typically on a periodic basis, such as quarterly or annually. Furthermore, this agreement may include provisions for the treatment of taxes and deductions related to shared earnings. It may also address the circumstances under which the agreement can be terminated or amended, protecting the interests of all parties involved. The Kentucky Shared Earnings Agreement is designed to foster a fair and collaborative partnership between funds and companies, ensuring that the efforts and investments made by each party are appropriately rewarded. It serves as a crucial document that defines the terms of engagement and ensures transparency, trust, and accountability throughout the partnership.

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FAQ

Note: The Kentucky legislature eliminated the withholding requirement for nonresident corporate partners, members, or shareholders and the composite return language effective for tax years beginning January 1, 2022.

Kentucky has reciprocal agreements with Illinois, Indiana, Michigan, Ohio, Virginia, West Virginia and Wisconsin. These agreements provide for taxpayers to be taxed by their state of residence, and not the state where income is earned.

Nonresidents and part-year residents must file a personal income tax return if any gross income from Kentucky sources and other sources or any gross receipts from Kentucky self-employment exceeds modified gross income (MGI) for their family size.

A Kentucky Resident is an individual that spends at least 183 days in Kentucky during the tax year. A Nonresident of Kentucky is and individual that did not reside in Kentucky during the tax year. A Part-Year Resident is an individual that moved into or out of Kentucky during the tax year.

Every pass-through entity doing business in Kentucky must file a pass-through entity income and limited liability entity tax (LLET) return using Form PTE.

Non-residents and part-year residents must file an income tax return (Form 740-NP, Kentucky Nonresident and Part-Year Resident Individual Income Tax Return) if any gross income from Kentucky sources or other sources exceeds the modified gross income limits for their family size.

Who Must File. You must file a return if you are a nonresident alien engaged or considered to be engaged in a trade or business in the United States during the year.

PURPOSE OF INSTRUCTIONS These partnerships are required by law to file a Kentucky Partnership Income and LLET Return (Form 765). Form 765 is complementary to the federal form 1065.

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Kentucky Shared Earnings Agreement between Fund & Company