Home Topics Public Policy H.R. 4213 Fails Cloture Vote Again: Implications

25

Jun

2010

H.R. 4213 Fails Cloture Vote Again: Implications PDF Print E-mail

Jennifer Dowling

Written by Jennifer Connell Dowling   
Share
Yesterday the Senate once again failed to pass a cloture vote on H.R. 4213, the bill which contained a tax rate change to carried interest. The latest version of the bill included a provision which raised the tax rate of carried interest for all fund partnerships from the current 100 percent capital gains tax rate to a 25 percent capital gains / 75 ordinary income rate blend beginning in 2011. However, that blend would change to a 50 percent capital gains rate and 50 percent ordinary income rate for assets held longer than 5 years. While this language was the most favorable in terms of rewarding long term investment, the failure of this latest cloture vote makes the passage of the full extender's package less likely. However, the bill's failure does not mean that the carried interest provision has been permanently defeated. More than likely, it has been delayed.

In the current environment of fiscal constraint in which all government programs must be paid for, carried interest taxes remain highly vulnerable as pay-for options. Congress could choose to pass separate pieces of the larger tax extenders bill, using carried interest as a revenue raiser for certain provisions. Alternatively, carried interest could be used as a "pay for" in the future for other provisions. It is currently unclear as to the path Congress will take.

What is clear is that when the issue does arise again in a matter of days, weeks or months, we will continue to pursue legislative language that reflects the spirit of the current Senate bill -- language that offers a more meaningful tax differential for longer term investment. We believe that tax policy should continue to encourage this type of investment if we want to build jobs and foster innovation in the US. As always we will keep you abreast of major developments in this regard.

More from this author: