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US Congress eyes private equity, hedge fund
titans
Reuters Limited
By Kevin Drawbaugh
July 11, 2007
WASHINGTON, July 11 (Reuters) - The new kings of Wall Street --
as the managers of booming private equity and hedge funds have been
dubbed in the business press -- will come under unaccustomed scrutiny
on Wednesday before the U.S. Congress.
In three separate hearings on Capitol Hill, lawmakers are expected
to ask whether these secretive and super-rich financiers pay enough
taxes and whether the Bush administration does enough to protect
the economy and investors from them.
A handful of bills have been filed in both the Senate and the House
of Representatives that would sharply raise tax rates paid by both
private equity and hedge fund leaders, many of whom are billionaires
but largely unknown to the public.
"People are definitely worried that this represents a chance to
raise tax rates .... We'll see how much momentum it gains. But it's
a big topic. It's getting a lot of attention," said Chrisanne Corbett,
head of the private equity team and a managing director at Big Four
accounting firm KPMG [KPMG.UL].
The Senate Finance Committee will hold a hearing on Wednesday on
taxing "carried interest," or the 20 percent cut of profits above
targeted returns typically kept by senior partners of private equity
and hedge funds on major deals.
A bill already introduced in the House would raise carried interest
taxes to as much as 35 percent, the top income tax rate, from the
present capital gains tax rate of 15 percent.
Backers of the House bill -- including powerful House Ways and
Means Committee Chairman Charles Rangel, a New York Democrat --
say it would close a loophole that lets a fortunate few dodge paying
income taxes on carried interest.
Also in the morning, the House Financial Services Committee will
convene a session to look into systemic risks to the economy and
investors that may be posed by hedge funds.
Chairman Barney Frank, a Massachusetts Democrat, has taken a circumspect
approach to hedge fund issues since taking over the financial services
panel following last November's elections that handed his party
control of Congress.
On Wednesday afternoon, a hearing before the House domestic policy
subcommittee will focus on small investors' exposure to hedge fund
risk and the recent $4.13 billion initial public stock offering
of private equity firm Blackstone Group .
Rep. Dennis Kucinich, the Ohio Democrat who chairs the subcommittee,
unsuccessfully asked federal regulators to delay Blackstone's IPO
last month pending further examination.
Blackstone was the first high-profile private equity firm to bring
in investors as a publicly traded partnership (PTP).
Fearing that a wave of similar IPOs could erode the tax base, Senate
Finance leaders -- Montana Democrat Max Baucus and Iowa Republican
Chuck Grassley -- have introduced a bill that would more than double
the tax rate on PTPs. Vermont Democratic Rep. Peter Welch has introduced
a similar bill in the House.
Taken together, the legislation and multiple public hearings threaten
to shake the statutory underpinnings of one of the hottest sectors
of the U.S. financial system.
In response, lobbyists for private equity and hedge funds, keen
to protect their tax status, are fanning out across Washington offering
statements about the job-creation and other positive economic impacts
of their industries.
The corporate law firm Paul Hastings predicted in a recent client
alert letter that passage of any of these bills looks uncertain
and could face a White House veto threat.
"What is indisputably clear is that the tax treatment afforded
to private equity firms, hedge funds and PTPs is in play and will
continue to be in play through the remainder of this year and likely
well into 2008," the law firm said.
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