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Steven D. Bortnick

Steven D. Bortnick is a partner in the Tax Practice Group of Pepper Hamilton LLP, resident in the Princeton and New York offices. Mr. Bortnick focuses his practice on domestic and international tax and private equity matters. He also is a member of the firm’s Sustainability, CleanTech and Climate Change Team.

Mr. Bortnick handles a broad range of cross-disciplinary transactions, including asset, stock, cross-border and domestic acquisitions, tax-free spinoffs, recapitalizations and reorganizations. He is experienced in the structuring of domestic and international private equity transactions from tax and venture capital operating company standpoints. He also has worked with pooled investment vehicles, and he counsels corporate entities on tax issues. In addition, Mr. Bortnick advises U.S. citizens and corporations in overseas investment, and he has been involved in the formation of private equity and hedge funds.

Mr. Bortnick is on the advisory board of the Practical US/International Tax Strategies.

An active speaker and author, Mr. Bortnick has written materials and spoken for several major private equity tax conferences. Topics of his presentations include private equity, venture capital, cross-border investing, venture capital operating company issues, and merger and acquisition tax issues.

Mr. Bortnick’s recent speaking engagements include:

  • "International Update:  Cross Border Issues and Trends,” Institute for International Research’s 9th Annual Private Equity Tax & Compliance Practices 2010, Boston, MA (June 24, 2010)
  • "Basics of Private Equity Regulations & Reporting,” Institute for International Research’s 9th Annual Private Equity Tax & Compliance Practices 2010, Boston, MA (June 23, 2010)
  • "Efficient Private Equity Options:  LP Secondary Market Sales/Transfers and Public Market Strategies,” Financial Research Associates 11th Annual Tax Practices for Private Equity Funds, New York, NY (May 18, 2010)
  • "Provisions in the Tax Extenders Act that would Impact Private Equity Firms,” Client Presentation (May, 2010)
  • “Tax Development in Partner Compensation,” Alternative Investment Financial Executive Association, New York, NY (February 24, 2010)
  • "Strategic Tax Planning in a Down Market - Tax Considerations for Debt Investments," Private Equity Manager Webinar Series (December 9, 2009)
  • "FATCA and Other Tax Proposals Affecting Private Equity Funds and Managers," Client Presentation (November 11, 2009)
  • "US Income in Funds, Backup Withholding and Withholding on US Source Income," Client Presentation (November 10, 2009)
  • "Tax Considerations Relating to Transfers of Partnership Interests: The Secondary Market and Publicly Traded Partnership Rules," Financial Research Associates 10th Annual Tax Practices for Private Equity Funds Seminar (October 28, 2009)
  • “Basics of Cross Border Private Equity Transactions,” Financial Research Associates Webinar (September 30, 2009)
  • “Distressed Debt Investing and Update on Obama Tax Proposals Affecting Private Equity Funds and Managers,” Private Equity and Venture Capital Club at Kellogg School of Management, Northwestern University (September 24, 2009)
  • “Update on Carried Interest Taxation and Other Issues Affecting Private Equity Firms,” Client Presentation (September 23, 2009)
  • “PE Tax 101,” Financial Research Associates Webinar (September 23, 2009)
  • "Taxation Issues Related to Debt Restructuring, Modifications and Bankruptcies,” Lorman Education Services Teleconference (September 9, 2009)
  • “Distressed Debt Investing and Workouts,” Client Presentation (August 10, 2009)
  • “Tax: A Closer Look at the 5 Top Issues that will Have the Greatest Impact on Your Fund,“ PEI Strategic Management Conference (July 16, 2009)
  • “Organization and Sale of a Small Business,” New Jersey Institute of Continuing Legal Education (July 16, 2009)
  • “Tax Due Diligence in Acquisitions,” Philadelphia Bar Association (July 15, 2009)
  • “Ensuring Debt Buybacks are Financially Lucrative Through In Depth Grasp of Tax and Legal Ramifications,” Institute for International Research’s 8th Annual Private Equity Tax Practices Seminar (June 16, 2009)
  • “Basics of Private Equity Tax,” Institute for International Research’s 8th Annual Private Equity Tax Practices Seminar (June 15, 2009)
  • “Private Equity Investments in Portfolio Company Bank Debt,” London Business School (May 20, 2009)
  • “Avoiding Effectively Connected Income in Funds,” Client Presentation (May 19, 2009)
  • “Impact of Current Market Conditions on Publicly Traded Partnership Status,” Client Presentation (May 19, 2009)
  • “A Discussion of President Obama’s Check the Box Proposal,” Client Presentation (May 18, 2009)
  • “Update on Carried Interest Legislation,” Client Presentation (May 18, 2009)
  • “Investments in Portfolio Company Bank Debt,” New York Private Equity Chief Financial Officer Association (March 26, 2009)
  • “Tax Considerations for Distressed Investments,” Financial Research Associates Webinar (March 11, 2009)
  • “Middle Market Leveraged Buyouts,” Fourth Annual NYU Stern Private Equity Conference (March 3, 2009)
  • “Doing Deals: Structuring Private Equity M&A Transactions,” University of Michigan Private Equity Club, Ann Arbor, MI (February 9, 2009)
  • “Minimizing Taxes in Commercial Workouts & Debt Modifications,” Strafford Publications Legal Teleconference (February 4, 2009)
  • “Due Diligence in Acquisitions,” Lorman Education Services Teleconference (January 29, 2009)
  • “Private Equity Investments Through Partnerships and LLCs,” Stern Private Equity Club, New York University (November 6, 2008)
  • “Structuring Cross Border Private Equity Transactions,” Wharton Private Equity Club, University of Pennsylvania (November 19, 2008)
  • “Organization and Sale of a Small Business,” New Jersey Institute of Continuing Legal Education (September 18, 2008)
  • “Exit Only: Alternative Strategies for Exiting PE Investments,” Institute for International Research’s 7th Annual Private Equity Tax Practices Seminar (June 23-25, 2008)
  • “Bootcamp: Mastering Private Equity Tax Essentials,” Institute for International Research’s 7th Annual Private Equity Tax Practices Seminar (June 23-25, 2008)
  • “Legislative Tax Proposals Affecting Hedge Funds and Their Managers,” Hedge Funds and Investment Management Update (June 13, 2008)
  • “Legal Issues and Regulations Overview,” Financial Research Associates’ Private Equity A-Z (April 30, 2008)
  • Update on Proposed Carried Interest Legislation and Structuring Deals in Canada, Cleveland OH (March 4, 2008)
  • “Structuring M&A Transactions,” Stern Private Equity Club, New York University (February 20, 2008)
  • “Structuring Private Equity Transactions,” London Business School (January 4, 2008)
  • “Maximize Your Fund’s Value by Utilizing the Most Advantageous Tax, Legal, Regulatory and Valuation Methodologies,” Institute for International Research’s Private Equity Fund-of-Funds Summit (November 28, 2007)
  • “Legislative Tax Proposals Effecting Hedge Funds and Their Managers,” Pepper Hamilton’s Hedge Funds and Investment Management Update (November 13, 2007)
  • “Tax Planning for Cross Border Private Equity Investments,” The Wharton School (October 30, 2007)
  • “The ERISA VCOC Exception And Other Strategies For Coping With The DOL Plan Asset Rules,” Institute for International Research’s 6th Annual Venture Capital and Private Equity Tax Practices Seminar (October 23-25, 2007)
  • “Methods for Avoiding Common Pitfalls Associated with US Tax Planning and Cross-Border Investments,” Institute for International Research’s 6th Annual Venture Capital and Private Equity Tax Practices Seminar (October 23-25, 2007)
  • “Case Study: IRS Tax Compliance for Leveraged Dividends,” Institute for International Research’s 6th Annual Venture Capital and Private Equity Tax Practices Seminar (October 23-25, 2007)
  • “Methods for Avoiding Common Pitfalls Associated with US Tax Planning and Cross-Border Investments,” Institute for International Research’s 6th Annual Private Equity Tax Practices (June 19-21, 2007)
  • “Hot Topics in Tax & Regulations,” Financial Research Associates LLC’s 5th Annual Effectively Administering Private Equity Funds Conference (June 14-15, 2007)
  • “DOL Plan Asset Rules: Focus on the ERISA VCOC Exception and the Less than 25% Exception,” Financial Research Associates 6th Annual Tax Practices for Private Equity Funds (May 21-22, 2007).

Before joining Pepper in 2007, he practiced in the New York office of Dechert LLP.

Mr. Bortnick is a member of the bars of New Jersey, New York and Pennsylvania, and he is admitted to practice before the U.S. Tax Court and the U.S. Court of Federal Claims. He is a member of the tax sections of the New York and American Bar Associations.



Education
B.S. 1985, cum laude, Glassboro State College
J.D. 1988, with honors, Rutgers University School of Law - Camden (Tax Honors Certificate, with distinction)
LL.M. 1992 New York University School of Law (Taxation)


Bar Admissions
Admitted to practice in New Jersey, New York and Pennsylvania

Steven D. Bortnick
Partner
Phone: 609.951.4117
212.808.2715
Fax: 609.452.1147
212.286.9806
bortnicks@pepperlaw.com
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Office(s)
Princeton New York

Practice Area(s)
Funds Services
Independent Contractor Compliance Practice

International
Mergers, Acquisitions and Joint Ventures

Private Equity
Sustainability, CleanTech and Climate Change Team

Tax
Venture Capital


Articles


FATCA/Extenders Bill Would Increase Reporting, Withholding and Penalties

Stop Tax Haven Abuse Act Would Chill Investment in U.S. Funds


Levin Levies Another Attack on Carried Interests

Structuring International Private Equity Investments in the People's Republic of China


Stimulus Package: Buy Back Debt Today, Pay Tax Later

Tax in the Middle Kingdom


What to Expect When You’re Buying Back Debt

Legal Considerations When Buying Debt


IRS Replaces Intermediary Transaction Tax Shelter Notice

New York Making a Play to Tax Carried Interests


IRS Changes Stance on Imposing Penalties Automatically on Fund Managers for Late Filing of Foreign Corporate Information Returns: New Policy Goes into Effect January 1, 2009

IRS Rolls Out Automatic Penalty Assessment Program for Late Filing of Foreign Corporate Information Returns


Phantom Menace

Deferred Compensation Provisions to Help Fund Bailout


IRS Releases Certain Debt Instruments from AHYDO Grip

Beware the Inadvertent Tax Shelter


House Takes Another Swing at Deferred Compensation

Carried Interest Legislation: Cross-Border Consequences


Proposal Targets Offshore Deferred Compensation and Carried Interests

Does H.R. 3501 Signal the End of UBTI Blockers?


'Carried Interests, Part 1' Hearing

House Democrats Introduce Bill to Tax Carry at 35 Percent


Senate Bill Calls for Tax on Publicly Traded Carry Partnerships

Strategies and Hybrid Instruments: A Practitioner's Perspective



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