Carried Interest Debate (Wiki Page)

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Carried Interest Debate (Wiki Page)
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What is a Private Investment Fund?

Before considering carried interest, one must first have a basic understanding of the organizations that currently benefit from it. Private investment funds, set up as limited liability companies or limited partnerships, invest capital in order to attain returns for investors. These funds are organized under general partners and limited partners. The general partners are the funds' managers or managing firms. The limited partners are the funds' investors who typically include pension funds, insurance companies, and wealthy individuals. Types of private investment funds consist of private equity funds, venture capital funds, and hedge funds. In reality, the lines between these types of funds can often be blurred, but the key distinctions can be summarized as follows:

  • Private equity funds generally invest in large companies with the intent to restructure and sell the firms for a gain. These investments usually entail the acquisition of private companies, but they may also involve acquiring controlling interests in public companies through stock purchases. Private equity funds usually employ a long-term, hands-on approach to investment.
  • Venture Capital funds aim to invest in small to medium-size startups with high-growth potential in exchange for a stake in the company. Once the fund purchases a stake in the company, it also provides coaching and other services to the company in order to increase its chances of success. Similar to private equity funds, venture capital funds invest with a hands-on, long-term strategy with the eventual goal of a liquidity event.
  • Hedge funds focus on achieving high returns through risky, short-term investments that may come in the form of stocks, bonds, commodities, derivatives, and anything else that promises a quick gain. Accordingly, hedge funds tend not to adopt the same hands-on approach to investment that venture capital funds and private equity funds take.

What is Carried Interest?

Recall the structure of a private investment fund. General partners are compensated for managing their private investment funds through management fees and carried interest. Management fees are consistently around 2 percent of a fund's assets under management and are paid regardless of the fund's performance. Carried interest, alternatively, serves to join the incentives of the general partners with the interests of the limited partners by providing performance based compensation for the general partners. When a fund surpasses its hurdle rate of return, usually about 8 percent, the general partners will typically receive around 20 percent of the profits as compensation. This 20 percent, in combination with any other profit the general partner may receive from their own stake in the fund, is treated as a capital gain for tax purposes. The 2 percent management fee is treated as ordinary income for tax purposes. The maximum rate for a capital gains tax is 20 percent, compared to the maximum rate for an ordinary income tax of 39.6 percent.

What is the Debate?

Those who argue against treating investment funds' profits as capital gains have two primary points. The first of which is that

References

http://www.taxpolicycenter.org/briefing-book/what-carried-interest-and-how-should-it-be-taxed http://www.ntanet.org/NTJ/61/3/ntj-v61n03p445-60-taxation-carried-interest-understanding.pdf http://victorfleischer.com/wp-content/uploads/2009/12/Two-and-Twenty.pdf http://www.streetofwalls.com/articles/private-equity/learn-the-basics/how-private-equity-works/ http://www.investopedia.com/articles/investing/102515/carried-interest-loophole-americas-tax-code.asp https://www.cbo.gov/sites/default/files/110th-congress-2007-2008/reports/09-06-carriedinterest_testimony.pdf http://www.investopedia.com/ask/answers/121614/what-difference-between-hedge-fund-and-private-equity-fund.asp http://www.bankrate.com/finance/taxes/capital-gains-tax-rates-1.aspx http://taxfoundation.org/article/2016-tax-brackets https://www.fas.org/sgp/crs/misc/RS22689.pdf