Private Equity Tax Break in Danger

Private Equity Tax Break in Danger (New York Times)

A ruling against Sun Capital Partners in a case regarding pension fund liability has placed the tax treatment of carried interest at risk. Carried interest is the profit made a by a private equity advisor from investing in companies. This profit is taxed under the capital gains rate at 20%, instead of the income rate of up to 39.6%. Part of the rationale for the favorable tax rate is that it is from investing and therefore cannot result from “trade or business.” In the pension case, a court rejected this characterization of Sun Capital Partners’ relationship with the pension fund of a company it bought-out, because Sun Capital was actively involved in the bought-out firm’s management and operation. The Obama Administration, which has been seeking to tax carried interest at an income rate, may find this is the legal justification required to direct the I.R.S. to issue new rules.

Daily Data Flow

Recent Posts

Slow GO: Is a Bear Market and Hard Landing Coming?

“Congratulations on your work. It has been a long slog to get the national accounts…

2 days ago

Broken Wing Butterfly and Butterfly Spread – Option Trading Strategies

The broken wing butterfly and the butterfly spread are two different types of option trading…

2 days ago

Bear Call Spread and Bear Put Spread – Option Trading Strategies

The bear call spread and the bear put spread are option strategies used when an…

2 days ago

When Mises Met MMA

It’s not often that you hear the brilliant Austrian school economist Ludwig von Mises referenced…

3 days ago

ETF Talk: Tapping into the Power of Language with This Communications ETF

While Charles Dickens’s famous statement, “It was the best of times, it was the worst…

3 days ago

Five Advantages to Day-Trading with a 90% Win Rate

Five advantages to day-trading with a 90% win rate offer a tempting opportunity. The five…

4 days ago