So, when I was in New York earlier this week, I was pleased to see reported in the paper at which I write,
the New York Sun, that Harry Reid was essentially planning to park consideration of a big tax hike that Max Baucus (D-MT) and Charles Grassley (R-IA), as well as most of the Democratic party, want to push through.
To remind readers, this tax hike is one that would see private equity partnerships paying an extra 20% in tax. That's a big, bad tax hike, which is terrible in itself, but the real reason that this proposal is bad is not just because it hikes taxes. It's also because it totally ignores basic principles that apply to business and tax law, in general. At present, private equity gurus get taxed at 15% when they extract money from a private equity fund by way of carried interest (also known as performance fees) because:
a) money paid out in respect of carried interest corresponds to capital, not income-- i.e., the gurus don't get paid the same amount regardless of what happens to the assets under their control, as would be the case if the carried interest were really income; they get paid solely if the assets under their control increase in value, i.e., if there is a capital gain-- so carried interest should be taxed at the capital gains tax rate, not the income tax rate, as a matter of logic; and
b) no matter how much Democrats and Mr. Grassley may want to pretend that a partnership is a corporation, and should be taxed at the 35% rate in respect of capital gains (this is of course assuming the failure of their argument that carried interest corresponds to income, a patently false characterization) just like a corporation would, legally, partnerships are not distinct entities from their members. In other words, if we're talking about capital gains tax, as long as the partnership is comprised of Fred, Joe and Harry, as opposed to IBM, Microsoft and Wal-Mart, the t...
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