File 026543
Carried Interest Tax Treatment Debate: Camp's Proposal vs. Obama Administration (File 026543)
BNA Tax Report article discussing House Ways and Means Committee Chairman Dave Camp's proposal to change the tax treatment of carried interest income in private equity firms, contrasting with Obama administration calls for higher taxation of investment fund manager profits.
Summary
This document covers the debate over carried interest taxation between President Obama's administration and House tax reform proposals. Chairman Dave Camp proposed treating carried interest as ordinary income rather than capital gains, introducing a recharacterization formula to account for invested capital. The private equity industry opposed the measure, with Carlyle Group co-founder David Rubenstein expressing skepticism about congressional action, while tax policy experts noted the proposal would benchmark future legislative efforts despite facing significant political obstacles.
Tax and Accounting Center http://taxandaccounting.bna.com/btac/display/batch_print_display.adpBloomberg Tax and AccountingBNA Center'Source: Daily Tax Report: News Archive > 2014> February > 02/27/2014> Lead Tax Report > CarriedInterest: Camp's Tax Plan Hits Wall Street With Change in Carried Interest Treatment39 DTR GG-3Carried InterestCamp's Tax Plan Hits Wall StreetWith Change in Carried Interest TreatmentBy Brett FergusonInvestment fund managers would take a hit on their tax bills under House Waysand Means Committee Chairman Dave Camp's (R-Mich.) proposal to dramaticallyreshape the treatment of carried interest income.Under current law, the share of long-term investment gains that fund managersare allowed to keep for themselves as compensation is treated as capital gains and taxed at about halfthe rate of ordinary income. President Barack Obama has called for that income, known as carriedinterest, to be taxed at ordinary income tax rates, saying the payments are more like income from aservice performed than a return on investment.Camp, while taking a softer line than the president, says he agrees."A partnership (e.g., private equity fund) that is in the business of raising capital, investing in otherbusinesses, developing such businesses, and ultimately selling them, is in the trade or business of sellingbusinesses. The businesses bought and sold by the partnership are its inventory," according to a detailedsummary of Camp's proposal.The summary said to apply the tax law consistently, the profits derived by such an investmentpartnership and paid to its managing partners through management fees and a profits interest in thepartnership should be treated as ordinary income.But the Camp proposal also takes into account the technicalities of such businesses, excludingpartnerships engaged in the real estate business, and applying a recharacterization formula to partnersearning carried interest to take into account any share of invested capital they may own.According to the proposal, an applicable partnership interest would include any interest transferred,directly or indirectly, to a partner in connection with the performance of services by the partner,provided that the partnership is engaged in a trade or business conducted on a regular, continuous andsubstantial basis consisting of raising or returning capital, identifying, investing in, or disposing of othertrades or businesses, and developing such trades or businesses.Recharacterization Formula AppliedThe recharacterization formula "generally would treat the service partner's applicable share of theinvested capital of the partnership as generating ordinary income by multiplying that share by a specifiedrate of return (the Federal long-term rate plus 10 percentage points), intended to approximate thecompensation earned by the service partner for managing the capital of the partnership," the proposalsaid.Under the plan, the recharacterization amount would be determined, but not realized, on an annual basisand tracked over time."To the extent a service partner contributes capital to the partnership, the result would be less capitalgain being characterized as ordinary income. Any distribution or gain from the sale of a partnershipinterest (i.e., a realization event) then would be treated as ordinary to the extent of the partner'srecharacterization account balance for the tax year. Amounts in excess of the recharacterization accountbalance would be capital gain," the proposal said.1 of 2 2/27/2014 9:00 AMTax and Accounting Center http://taxandaccounting.bna.com/btac/display/batch_print_display.adpIn a Feb. 25 article written for the Wall Street Journal, Camp said the proposal "can clean up provisionslike 'carried interest' that allow certain private-equity firms to get the investment-income tax rate onwhat anyone else would call normal wage income."Benchmark for Future Bills?The carried-interest proposal comes on top of a Camp plan to impose a tax on the assets of the largestU.S. banks and insurers. Even though his plan faces long odds in Congress this year, the proposal willbecome a benchmark for tax policy.Under current law, carried interest, or the profits share received by private equity managers, getstreated as capital gains, with a top basic rate of 20 percent as opposed to the ordinary income rate of39.6 percent.Obama and other Democrats have been trying since 2007 to change that law with little success. Camp iswrapping a change to carried interest inside a reconstruction of the tax code that would lower tax ratesand broaden the tax base.Steve Judge, president and chief executive officer of the Private Equity Growth Capital Council, anindustry trade group, said Camp's proposal was "disappointing.""Key policy makers from both parties have already made clear that the discussion around this draftproposal will be brief," Judge said in a statement Feb. 25. "Nevertheless, Chairman Camp's proposalpenalizes long-term capital investment, which he and other members of the House Ways and MeansCommittee have purported to support."With assistance from Richard Rubin in Washington.To contact the reporter: Brett Ferguson in Washington at bferguson@bna.comTo contact the editor responsible for this story: Cheryl Saenz at csaenz@bna.comFor More InformationTexts of the discussion draft and the section-by-section summary are in TaxCore.Contact us at http://www.bna.cornicontact/index.html or call 1-800-372-1033ISSN 1947-3923Copyright @ 2014, The Bureau of National Affairs, Inc. Reproduction or redistribution, in whole or in part, andin any form, without express written permission, is prohibited except as permitted by the BNA Copyright Policy.2 of 2 2/27/2014 9:00 AMJ.S. Private-Equity Tax Change Doubtful This Year, Says Carlyle Co... http://online.wsj.com/news/articles/SB100014240527023038013045...Should you be sitting in cash right now?If you have a $500,000 portfolio, download the latest report by Forbes columnist Ken Fisher's firm. It tells you where wethink the market is headed and why. This must-read report includes research and analysis you won't find anyplace else.Don't miss it! Click Here to Download Your Report! FISHER INVESTMENTS'Dow Jones Reprints: This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients orcustomers, use the Order Reprints tool at the bottom of any article or visit www.djreprints.com• See a sample reprint in PDF format. • Order a reprint of this article nowMARKETSU.S. Private-Equity Tax Change Doubtful This Year,Says Carlyle Co-FounderSuggested Reform Could Increase Taxes on Private-Equity ProfitsBy MIKE SPECTORFeb. 26, 2014 5:06 a.m. ErBERLIN— Carlyle Group LP co-founder David Rubenstein said U.S. lawmakers are "unlikely" to take uplegislation this year that could potentially increase taxes on deal profits reaped by private-equitymanagers.Mr. Rubenstein's comments came after the chairman of the U.S. House Ways and Means Committee,Republican Dave Camp of Michigan, said Congress should "clean up" the treatment of private-equityfirms' share of deal profits, called "carried interest." These profits are currently treated as capital gains andtaxed at a lower rate than ordinary income."We can clean up provisions like carried interest that allow certain private-equity firms to get theinvestment-income tax rate on what anyone else would call normal wage income," Mr. Camp said in anopinion piece published on Wednesday in The Wall Street Journal outlining a series of tax-reformproposals.More from SuperReturn ConferenceTPG 'Contemplating' Going PublicApollo Weighs Investing in DebtKravis Warns on Debt LevelsBut Mr. Rubenstein, often viewed by private-equity watchersas an authority on national politics since his firm is based inWashington, said various factors would likely prevent anymeasures affecting buyout firms from taking hold any timesoon.Montana Democrat Max Baucus, previously the chairman of the Senate Finance Committee, was justconfirmed as the U.S. ambassador to China, lowering the chances that chamber will take up suchlegislation, Mr. Rubenstein said. In addition, a term limit will force Mr. Camp to relinquish his committeechairmanship in the House next year, he said."It's unlikely that will get into law," Mr. Rubenstein said of Mr. Camp's proposal before an audience at theSuperReturn International private-equity conference in Germany's capital. "I don't think there is likely to beany tax reform legislation passed by this Congress at all."Private-equity firm managers, including Mr. Rubenstein and founders of other large buyout firms, haveargued that carried interest they receive after investing in a company and later selling it should be treatedas a capital gain. Proponents of taxing these profits at a higher rate contend the money is compensation1 of 2 2/27/2014 9:16 AMJ.S. Private-Equity Tax Change Doubtful This Year, Says Carlyle Co... http://online.wsj.com/news/articles/SB100014240527023038013045...for services private-equity managers render when working on companies they take private.The carried interest debate bubbled up in the wake of the recession and financial overhaul law later takenup on Capitol Hill. But the issue so far hasn't been addressed in any legislation passed by Congress andfor the most part hasn't gained traction amid other issues lawmakers are tackling. Still, many leadingprivate-equity managers expect at some point to receive the more stringent tax treatment.Meanwhile, Mr. Rubenstein said sovereign-wealth funds will soon become the largest contributors ofinvestment capital to private-equity firms, surpassing giant pension funds. Sovereign-wealth fundscurrently manage about $5.4 trillion, a number that will exceed $8 trillion by 2020, he said.Mr. Rubenstein said he expected investment allocations to private-equity firms will continue increasing asinvestors seek higher returns and buyout firms focus more on operational improvements to companies todrive profits."It's not a financial engineering game as people thought in the early days," he said. "Operationalimprovements are where the bulk of returns are coming from."Write to Mike Spector at mike.spector@wsj.comCopyright 2013 Dow Jones & Company, Inc. All Rights ReservedThis copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. Fornon-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visitwww.djreprints.com! of 2 2/27/2014 9:16 AM