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  2. WASHINGTON
April 29, 2021 03:40 PM

Biden targets carried interest, capital gains with tax code overhaul

Hazel Bradford
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    President Joe Biden in his first address to a joint session of Congress on April 28.
    Bloomberg
    In his first address to a joint session of Congress, President Joe Biden delivered his vision for the country's recovery from the pandemic.

    President Joe Biden proposed to "change the game" when it comes to taxes, calling for higher rates for the highest income earners, and ending carried interest and lower tax rates for capital gains, in a speech Wednesday to Congress.

    Unveiling a $1.9 trillion American Families Plan, the White House said that it wants to have a tax code that treats all workers fairly, including ending carried interest "so that hedge fund partners will pay ordinary income rates on their income just like every other worker." Currently, the carried interest deduction treats income flowing to a private fund's general partner as capital gains, which are subjected to a lower tax rate.

    Mr. Biden is also proposing to raise the capital gains tax rate for households making over $1 million a year to 39.6%, making it the same as a proposed top income tax rate.

    A special tax break allowing real estate investors to defer taxation when they exchange property would be capped at gains of $500,000. Mr. Biden said he would also require financial institutions to report information on account flows so that earnings from investments and business activity are subject to reporting more like wages.

    Source of controversy

    The debate over carried interest goes back decades. Proponents argue that it encourages long-term investment and creates jobs, while others — even in the financial industry — see it as a special break for private funds. The 2017 tax reform bill did not end it but required fund managers to hold underlying investments for at least three years instead of one.

    According to a 2018 Congressional Budget Office report on options for reducing the federal deficit, taxing carried interest as ordinary income would raise $14 billion over a decade.

    If Mr, Biden prevails, the change would affect hedge funds, private equity funds and venture capital firms.

    A statement from the Managed Funds Association said it "appreciates the Biden Administration's efforts to invest in our nation's economic future," and supports "a fair and growth-oriented tax code that promotes long-term investment activity." With hedge funds and alternative investment funds helping to secure the retirement of more than 26 million workers, MFA said, "it's unfortunate that our industry has been singled out by the administration."

    Drew Maloney, president and CEO of private equity advocacy group American Investment Council issued a similar statement that supported the goal of rebuilding the economy and creating jobs, and credited private equity investments for supporting businesses and innovation, especially throughout the pandemic, and for making significant investments in the renewable-energy industry. "Instead of moving forward with tax increases that discourage investment in small businesses, workers and innovation, the administration and Congress should deliver policies that will put more private investment to work for families across the country," Mr. Maloney said.

    The National Venture Capital Association expressed disappointment in the proposed tax increases on long-term capital gains, including carried interest, warning that it would reduce long-term investment and entrepreneurship by making short-term economic activity relatively more attractive.

    NVCA President and CEO Bobby Franklin warned in the statement that it would undercut Mr. Biden's agenda, which "relies on catalyzing long-term private investment activity to solve critical societal challenges such as climate change, access to economic opportunity across regions and in underrepresented communities, and countering the rise of China."

    Though venture capitalists "are excited to partner with the administration" on these issues, the proposed tax increases undercut this effort, Mr. Franklin said. "We urge the administration not to take one step forward and two steps back."

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