Sunday, May 30, 2010

Why Taxing Carried Interest As Ordinary Income Is Good Policy


clipped from www.avc.com

The House has passed a bill this past week that would change the taxation of carried interest from capital gains treatment to ordinary income treatment. The Senate has not weighed in on the debate but it is expected to do so soon. The New York Times has a story about it in today's business section. I've written about this issue in the past, roughly three years ago when it first surfaced as an issue. I am in favor of taxing carried interest as ordinary income and I'd like to explain why I think it is good policy.

I agree with Victor Fleischer's basic premise that carried interest is a fee for managing other people's money. It is a fee based on performance, but it is a fee nonetheless. It is not fair or equitable to other recipients of fee income to give a special tax break to certain kinds of fees and not to others. 

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