Democrats Introduce Legislation to End Carried Interest

HedgeCo.net - U.S. Representative Sander Levin (D-MI), was joined by Chairmen 
Charles Rangel and Barney Frank as well as Ways and Means Committee Members 
Reps. Pete Stark, Jim McDermott, John Lewis, Richard Neal, Earl Pomeroy, Stephanie 
Tubbs Jones, John Larson, Rahm Emanuel, Earl Blumenauer, Ron Kind, and Bill 
Pascrell in introducing legislation today that would ensure that investment fund 
managers who take a share of the funds' profits as compensation for investment 
management services, known as "carried interest" would be taxed at an appropriate
 ordinary income tax rate. 
 
Currently, the managers of private investment partnerships are able to receive 
compensation for these services at the much lower 15% capital gains tax rate rather 
that the ordinary income tax rate by virtue of their fund's partnership structure.  
"Congress must ensure that our tax code is fair. We have to be sure that the lower 
capital gains tax rate is not being inappropriately substituted for the tax rate on wages 
and earnings," said Rep. Levin. 
"Investment fund employees should not pay a lower rate of tax on their compensation
 for services than other Americans," continued Rep. Levin. "These investment 
managers are being paid to provide a service to their limited partners and fairness
 requires they be taxed at the rates applicable to service income just as any other 
American worker." 

The legislation clarifies that any income received from a partnership, capital or
otherwise, in compensation for services is ordinary income for tax purposes. As a 
result, the managers of investment partnerships who receive a carried interest as 
compensation will pay regular income tax rates rather than capital gains rates on that 
compensation. The capital gains rate will continue to apply to the extent that the 
managers' income represents a reasonable return on capital they have actually 
invested in the partnership. 
 

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