Why H.R. 2834 is a bad idea.
H.R. 2834 and other bills like it are a bad idea. H.R. 2834 seeks to tax carried interest at the rate of personal income tax levels instead at current capital gains tax rate of 15% for long term holdings.
This would be have detrimental effect on investment companies, venture capital firms, private equities, and hedge funds, and here is why.
The structure most of these companies have is a limited partnership. A limited partnership has two types of partners, the general partner(s) and limited partner(s).
Limited partners have limited liability for the companies debts. A limited partner can only loose what he or she invested into the company. In exchange for limited liability the limited partner can not be involved with the operations of the company, such as investment decisions as would be the case for the above companies.
At least one person needs to be a general partner to form a limited partnership. This person takes all the personal risk of the company. If the company takes out loan and goes bankrupt then the general partner has to pay back those loans. The general partner may lose his house, car, and have his or her wages garnished by the courts if necessary. The general partner takes on much more risk than the limited partner.
Also, the general partner is also the person who pools the investments from the limited partners and is responsible for investing the money of the limited partners.
It has been the case of investment companies that the general partner also runs the company and makes the investment decisions. This is how it works in small investment companies. Also, the general partner may take a percentage of the profits that the company has made. This is not a managerial fee or income, this is capital gains based on the risk that the general partner takes on as being personal liable for the company.
Lets say there are 4 limited partners and one general partner. They all invest $20,000 for a total pool of money of $100,000. This is not longer their money but is now the company's money. Each person just owns 1/5 of the company. The general partner will get 25% of the profits over 5%. This means that if the company gets a 5% return on the $100,000, then the general partner gets nothing, but if the company gets a 20% return then the general parter will take 25% of the profits except for the first 5%.
$100,000 Initial investment X 20% return = $20,000 profit
$100,000 Initial investment X 5% = $5,000
The general partner will get 25% of the profits of $15,000 ($20,000 - $5,000).
The general partner gets $15,000 X 25% = $3,750
This is return on capital based on the stucture of the business, not income.
This law will wreak havoc on the tax structure of limited partnerships.