Quote from njrookie1:
Hi Epic and Heech,
I have gotten many inquiries from friends and families for managing their money. I currently set up an unregistered FA account with IB. I have a few very practical questions that I hope you can help me and share your experience with me:
1. Can you charge a performance fees under section 4.14 exemption (IB rep told me as long as I have less than 15 accounts and 25 million total AUM it is OK)?
Yes, but as soon as you no longer qualify for the exemption, you can only charge performance fees to accredited investors.
2. I am not planning to charge management fee (I trade my own money anyway so the incremental cost is low). Is the performance fee tax-deductible for clients?
Yes. They only pay tax on net gains.
3. I proposed a tiered performance fee (from 10% to 50% of MARGINAL account performance gains as annual return goes from 0% to above 40%, flat at 50% after that). The client likes the structure since they only pay high fees when I hit high hurdle levels of return. If performance fee is not tax deductible however, then my proposed marginal 50% performance fee is too high for HNW clients, especially those in places with high state and local/city income taxes.
You can certainly do that, but I wouldn't if you want a good long-term relationship with these people. Regardless of the performance, a 50% fee is too high, and your clients are likely to become at least a bit resentful. If you really want to do a tiered fee I would suggest something more like;
Returns less than or equal to S&P 500 - No Fee
Next marginal 10% annual return - 20% fee
Anything above that - 30% fee
But here is where the difficulty comes in. I'm assuming you'll be charging fees more frequently than once a year. Tiered fees really only work well on an annual basis because it is the compounding of returns that allows a manager to reach the higher levels of performance. On the same note, performance is based on NAV and every time you charge a fee the NAV is reduced. So charging fees every month or every quarter is limiting your chances for achieving the higher tiers.
So it really only makes any sense to do a tiered fee schedule when only charging annual fees. This will work for a couple family members if you are just trading as a hobby, but it will not work if you are trading as a business.
In the end, for family I tell them that they must accept my regular fee schedule and the fees are automatically transferred from their account each quarter by IB, just like every other client. I don't want any of the nonsense that comes with delivering an invoice to family members and then pestering them about paying it. Take my advice. Set it up as if you were running a legitimate business and treat them just like you would normal clients.