Tax Persecution of Alternative Asset Managers Worsens
The tax news for alternative asset managers gets grimmer and grimmer. Ryan Donmoyer of Bloomberg News reports that a new issue is being reviewed by Congress:
Congressional aides say the Senate Finance Committee is studying a technique that allows fund managers to qualify most or all of their income for the 15 percent capital-gains rate by structuring their management fee as a share of profits rather than a percentage of assets.By my reading of this article and Donmoyer's previous reporting, Congress is looking at changing decades-old policy with respect to four different things in order to screw alternative asset managers:
1. Tax treatment of carry;
2. Ability to defer offshore payments;
3. Tax treatment of publicly-traded investment management firms organized as partnerships; and
4. Tax treatment of profits interests allocated in lieu of payment of management fees.
Here's my deal for Congress: I'll let you change 3 and 4 in exchange for you leaving 1 and 2 alone. You have 30 days to accept this deal.

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