Nice Work If You Can Get It
Jul 13th, 2007 at 7:21 am by Susie
You know, I don’t have to be a financial analyst to know there’s something really wrong with this picture:
The Blackstone Group, the big buyout firm, has devised a way for its partners to effectively avoid paying taxes on $3.7 billion, the bulk of what it raised last month from selling shares to the public.
Although they will initially pay $553 million in taxes, the partners will get that back, and about $200 million more, from the government over the long term.
The plan, laid out in the fine print of Blackstone’s financial documents, comes as Congress debates how much managers at private equity firms like Blackstone and hedge funds should pay in taxes on their compensation.
Lee Sheppard, a tax lawyer who critiques deals for Tax Notes magazine and has studied the Blackstone arrangement, said it was a reminder of the disconnect between the tax debate in Congress and how the tax system actually operates at the highest levels of the economy.
“These guys have figured out how to turn paying taxes into an annuity,” Ms. Sheppard said. “What people don’t realize is that the private equity managers, the investment bankers, all the financial intermediaries, are in control of their own taxation and so the debate in Washington about what tax rate to pay misses the big picture.”
(And by the way, Times reporter David Cay Johnston continues doing his usual fine work with this piece. Let’s give credit where it’s due.)
Krugman checks in on this issue:
During the 2000 presidential campaign, Ralph Nader mocked politicians of both parties as “Republicrats,” equally subservient to corporations and the wealthy. It was nonsense, of course: the modern G.O.P. is so devoted to the cause of making the rich richer that it makes even the most business-friendly Democrats look like F.D.R.
But right now, as I watch Senate Democrats waffle over what should be a clear issue of justice and sound tax policy — namely, whether managers of private equity funds and hedge funds should be subject to the same taxes as ordinary working Americans — I’m starting to feel that Mr. Nader wasn’t all wrong.
What’s at stake here is a proposal by House Democrats to tax “carried interest” as regular income. This would close a tax loophole that is complicated in detail, but basically lets fund managers take a large part of the fees they earn for handling other peoples’ money and redefine those fees, for tax purposes, as capital gains.
The effect of this redefinition is that income that should be considered by normal standards to be ordinary income taxed at a 35 percent rate is treated as capital gains, taxed at only 15 percent instead. So fund managers get to pay a low tax rate that is supposed to provide incentives to risk-taking investors, even though they aren’t investors and they aren’t taking risks.




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I just wish they would stop with talking about new taxes or changes to the tax law. What needs to be done and what nobody in D.C. will ever the balls to do is completely throw out the current tax law and start from new.
Maybe it was a good law at the start, but I doubt that, but now it is so convoluted and insane that it leads to things like this.
Now in my perfect world there would be no tax on income since I feel that taxing a persons labor is the most immoral act. But that won’t happen so the next best thing would be a flat tax with just a base of any income say over $30K for a single and $10K jump for married and each dependent. That alone would save me, and many others, big bucks in the money we pay each year to get my taxes done by an accountant.