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New taxes to soak private equity and hedge funds

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Who's going to pay for the massive budget deficits? Well, how about the rich folks?

This is certainly a theme in President Barack Obama's 2010 budget. Thus, if you are an alternative asset manager – that is, you operate a private equity firm or hedge fund -- then you may have to pay some big-time taxes. In fact, the bite could add up to $24 billion over the next nine years.


For the most part, alternative asset managers get their paydays from earning a percentage of the gains of their funds (usually, this is 20%). In the trade, this is known as the "carried interest." Interestingly enough, this is taxed as a capital gain, which has a preferential rate (15%).

However, with the Obama budget, the carried interest will be considered ordinary income, which, of course, has a much steeper marginal tax rate structure (39.6%). No doubt, this is bad news for firms like the Blackstone Group (NYSE: BX) and Fortress Investment Group (NYSE: FIG).

Although, the tax will not go into effect until 2011, assuming there is passage in Congress. In other words, there will be time to devise strategies with savvy tax attorneys. Or, if all else fails, alternative asset managers may just go offshore to seek out tax havens, which seems to be the typical approach.

Tom Taulli is the author of various books, including The Complete M&A Handbook and The Streetsmart Guide to Short Selling: Techniques the Pros Use to Profit in Any Market. He is also the founder of BizEquity, a free online business valuation tool for small businesses.

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Last updated: November 25, 2009: 11:06 AM

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