TAKING STOCK: Carried interest and hedge funds

Dear Mr. Berko:

Please explain carried interest, which some of the presidential candidates are talking about. I know it has something to do with hedge funds (and I'm not sure what hedge funds are) and is taxed differently than interest I get from my Fidelity bond fund. What's the big deal about this?

-PD, Minneapolis

Dear PD:

Hedge funds are mutual funds on steroids and immune to most of the Securities and Exchange Commission's enforcement rules. Hedge funds are like open pit latrines, fouling every room they're in. Hedge funds manage money for the very rich so the very rich can make even more money. Managers move money around using exotic algorithms, computer-driven trading programs, complex option positions and other kinky strategies in hopes of generating enormous yields. And those yields must be double- and triple-digit returns because the wealthy who use those latrines believe it's their entitlement. Hedge funds contribute nothing to our gross domestic product.

Hedge funds are playthings for the rich, and the rich on Wall Street are not subject to the same rules as those of us on Main Street. So at the close of 2014, wealthy Americans had about $2.6 trillion invested in hedge funds, which is an average of about $8,000 for every U.S. citizen. And one of the best reasons for managing a hedge fund is that most of the enormous fees earned by the general partners (managers) are not taxed at the maximum 39.6 percent rate. Rather, those fees are treated as a business investment and taxed at the long-term capital gains rate of 20 percent. So the 25 fortunate hedge fund managers who each took over $1 billion in fees in 2014 only paid $200 million in taxes on each billion. Now there are 7,716 hedge funds, and those managers who only made a few hundred million in fees also paid 20 percent in taxes. If these guys paid taxes like real Americans, the Treasury would have been richer last year by $18 billion. Read on.

Hedge fund managers have a fee structure that's called a 2-and-20. The general partner takes 2 percent of the fund's total market value as a management fee. Then, at the end of the fiscal year, the GP earns an additional 20 percent of all gains earned over a benchmark index, such as the Standard & Poor's 500 index, the Russell 2000 index or the U.S. Treasury bond index. The 2 percent is taxed as ordinary income at 39.6 percent, whereas the 20 percent fee that accrues to the GP as an incentive is deemed carried interest and taxed at the long-term capital gains rate of 20 percent. Carried interest is not interest income like one receives from a bond. Rather, it's a claim of the GP or manager for performance. Powerful lobbyists in Washington persuaded Congress to characterize the carried interest fee as capital gains rather than a fee for services. And during election time, we can be sure as shootin' that the super PACs controlled by members of Congress will debouch with tens of millions of hedge fund dollars. And those donations are so sweetly deductible.

What a deal! The fat cats who support the carried interest rule argue that lower tax rates promote risk taking. They believe it's advantageous to treat the subsequent income as carried interest rather than ordinary income because the lower tax rate encourages more investors to put their capital at risk. Certainly, every hedge fund manager and private equity fund manager will agree. And so will odious and debauched lobbyists such as Steven Wolfe, Jason Rossbach, Kirk Blalock, Otto Weigl, Kate Hull and Kirsten Chadwick. They are some of the folks who coddle, charm and stroke, pandering to members of that cesspool called Congress. We have the best Congress money can buy; ask any corporate CEO or American earning millions of dollars each year.

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Please address your financial questions to Malcolm Berko, P.O. Box 8303, Largo, FL 33775, or email him at mjberko@yahoo.com. To find out more about Malcolm Berko and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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Published: Tue, Dec 22, 2015