Raj Tanden represents clients in tax matters across a broad spectrum of domestic and cross-border transactions, with extensive experience in cross-border private credit funds. He also has over 30 years of experience in M&A transactions. Raj is a senior tax partner and chair of the firm’s Investment Management Tax Practice, as well as chair of the New England and Southern California Tax Practices. In addition, Raj manages the tax aspects of the firm’s securitization practice.

Raj is a fellow of the American College of Tax Counsel, comprised of the leading 700 tax lawyers nationwide, and of the American Bar Foundation, which consists of the top one percent of lawyers in each state.

Representative Clients

  • Comvest Partners: a Florida middle market credit fund sponsor
  • Five Elms Capital: a Midwest growth equity fund sponsor
  • iCapital Network: an alternative investment marketplace with over US$150 billion in platform assets
  • Monroe Capital: a Chicago credit asset management firm
  • PennantPark: a Miami middle market credit fund sponsor
  • Trilogy Real Estate Group: a Chicago alternative investment fund sponsor specializing in real estate

Awards and Recognition

  • Selected by his peers for inclusion in The Best Lawyers in America© in the field of Tax Law (2009, 2017-2024)
  • Listed in Southern California Super Lawyers®

Affiliations

  • Member, Executive Committee of the USC Tax Institute
  • Past chair, American Bar Association (ABA) Tax Section Investment Management Committee

Community Involvement

Raj is an avid cyclist. He has completed the 2019 AIDS/LifeCycle Ride, a 545-mile/7-day bike ride from San Francisco to Los Angeles to raise funds for the life-saving services offered by the San Francisco AIDS Foundation and the Los Angeles LGBT Center, and the Pan-Mass Challenge, a 200-mile/2-day ride through central Massachusetts to the Provincetown (Cape Cod) to raise funds for the Dana Farber Cancer Institute. Raj has also climbed the Haleakala volcano on Maui on numerous occasions: an over 10,000 ft. climb!

Presentations and Publications

Raj has authored numerous articles and speaks for the ABA, American Law Institute, NYU Federal Tax Institute, Practising Law Institute, and USC Tax Institute.

05 December 2023 In the News

Raj Tanden Quoted Tax Impact to Limited Partners Following Tax Court Ruling

Foley & Lardner LLP partner Raj Tanden is quoted in Politico article, “Wall Street’s tax reckoning,” offering insight on a recent decision by the Tax Court that ruled ‘active’ limited partners are subject to self-employment tax.
04 December 2023 Deals and Wins

Foley Advises Devolver Digital in Acquisition of System Era Softworks

Foley & Lardner LLP served as legal adviser to Devolver Digital Inc. in its acquisition of System Era Softworks Inc.
30 November 2023 Article

Tax Court Rules that “Active” Limited Partners are Subject to Self-Employment Tax

On November 28, 2023, the Tax Court ruled in Soroban Capital Partners, L.P. v. Commissioner that limited partners in a New York hedge fund could be subject to self-employment tax on their distributive share of partnership net income if they are actively involved, notwithstanding the Section 1402(a)(13) “limited partner” exception.
22 November 2023 Article

YA Global Investments, LP v. Commissioner: Tax Court Rules that Fund was Engaged in U.S. Trade or Business

In a widely anticipated opinion, on November 15, 2023 the U.S. Tax Court ruled that a fund was engaged in a U.S. trade or business through the activities of its investment manager, and that the fund was also a “dealer in securities” subject to the mark-to-market accounting rules of Section 475.
13 October 2023 Deals and Wins

Foley Advises Avante Capital Partners in Strategic Partnership with Pacific Current Group

Foley & Lardner LLP represented Avante Capital Partners, a woman- and minority-owned private credit firm focusing on investments in the lower middle market, in entering a strategic partnership with Pacific Current Group Limited.
07 September 2023 Article

Another Fund Manager Sues IRS Over Application of “Limited Partner” Exception to Self-Employment Taxes

On August 11, 2023, Stamford, Connecticut-based hedge fund manager Point72 Asset Management (“Point72”) filed a petition with the Tax Court contesting the IRS’s position that its owner, billionaire and New York Mets team owner Steve Cohen, cannot claim the “limited partner” exception to exclude US$344 million in partnership income from self-employment tax.