Deal Structures | Waterfalls

Profit Waterfalls, Preferred Returns, and Promotes

A waterfall is the order in which money flows out of a JV at sale or refinance. The equity split percentage matters less than the waterfall — because the waterfall decides who gets paid first, who gets paid most, and who has to wait.

The Standard Four-Tier Waterfall

1

Return of Capital

Trigger: First distributions until each partner has received back contributed capital

Split: 100% pro-rata to capital contributors

Protects capital before anyone takes profit

2

Preferred Return

Trigger: After return of capital, until capital has earned a stated IRR (commonly 8%)

Split: 100% pro-rata to capital contributors

Pays capital a risk-adjusted baseline return

3

Catch-Up

Trigger: After pref is paid, sponsor 'catches up' on promote

Split: Commonly 50/50 or 100% to sponsor until promote is current

Lets the sponsor / builder reach their share of pref-level profits

4

Promote / Carry

Trigger: All remaining profit above pref + catch-up

Split: Commonly 70/30 or 80/20 (capital / sponsor)

Aligns the sponsor with upside; the harder the deal, the bigger the promote

Worked Example: $1.2M Profit on a Vancouver 6-Plex

Assume a Vancouver 6-plex JV with $2.0M land, $0.8M capital partner cash, $0.3M sponsor cash, $3.3M senior debt, and $1.2M of profit at sale 24 months later.

Total project profit at sale $1,200,000
Tier 1: Return of capital ($2.0M land + $0.8M cash) $2,800,000 (paid back first)
Tier 2: Preferred return at 8% on $0.8M cash partner equity for 24 months $128,000 to capital
Tier 3: Catch-up to sponsor (50/50 until sponsor matches pref) $128,000 to sponsor
Tier 4: Remaining $944,000 split 70/30 (capital / sponsor) $660,800 capital / $283,200 sponsor

Numbers are illustrative. Real waterfalls also have to handle GST, holdbacks, lender fees, and final reconciliation. This is the shape, not a substitute for a tax-advised model.

Best For

  • First-time JV partners trying to model their actual take-home
  • Sponsors testing whether their proposed waterfall is competitive
  • Capital partners pressure-testing what they would actually receive

Usually Fails When

  • You compare equity splits without comparing waterfalls
  • You assume the sponsor's spreadsheet is right without re-modeling
  • The waterfall has no return-of-capital tier

What To Verify Before Spending Money

  • Every tier has a clear trigger, a clear split, and a clear endpoint
  • Pref accrues even if no distributions happen during construction
  • Catch-up percentage is reasonable for the deal size

Official Sources Referenced

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