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Baucus Out to End Equity Firms' Break
Washington Post
By Jeffrey H. Birnbaum
July 12, 2007
Senate Finance Committee Chairman Max Baucus said yesterday he
will press ahead with a plan to boost taxes on private-equity firms
that go public despite wavering support on his committee and strong
opposition from the Bush administration.
Baucus (D-Mont.) told reporters that he expected the tax-writing
panel to shortly approve his measure, which would take away a major
tax advantage that private-equity firms like Blackstone Group benefit
from as public companies.
That advantage allows partnerships such as Blackstone to pay taxes
at the 15 percent capital gains rate rather than at the 35 percent
corporate rate. Baucus and the provision's coauthor, Sen. Charles
E. Grassley (R-Iowa), have called the lower rate an abuse of the
system that permits buyout shops to get away with paying too little
in taxes.
"We'll find an appropriate opportunity" to advance the provision
in committee, Baucus said after a hearing on the subject yesterday.
Asked if he had sufficient support to pass the measure, he said,
"I think so."
But at the same hearing, the administration's senior tax policy
official expressed serious reservations about the proposal. Eric
Solomon, an assistant Treasury secretary, also came out against
a separate and broader provision that has been introduced by Democrats
in the House dealing with the same tax advantage.
Solomon said a Baucus-Grassley-type bill "raises very difficult
issues." The broader House bill, authored by Rep. Sander M. Levin
(D-Mich.), he added, might produce "unsettling" changes.
"We must be cautious about making significant changes to partnership
tax rules that have worked successfully to promote and support entrepreneurship
for many decades," Solomon said.
Solomon's hesitancy was echoed not just by Republicans on the committee,
who have generally opposed such tax hikes, but by several Democrats.
Sen. John F. Kerry (D-Mass.) expressed worry that venture-capital
partnerships of various kinds, including real estate, might be stunted
if bills like these became law. "We have to be very careful," he
said.
Sen. Charles E. Schumer (D-N.Y.) added that he would not support
any bills that would harm his home state or that singled out an
industry, especially financial services, for a tax increase. "The
U.S. and New York City must remain the leading country and city
in the world for financial services and capital formation, and we
shouldn't do anything to jeopardize that position," he said.
"My phone has been ringing a lot lately," Schumer said, an indication
that the private- equity firms and hedge funds that proliferate
in his state have been pushing hard to get the House and Senate
bills killed.
Both Baucus and Grassley spoke disdainfully about the number of
lobbyists retained to fight their initiative. Grassley went on to
refute a few accusations from the opponents, which he described
as "obfuscation" and "muddying of the waters."
Grassley said he was trying to "close loopholes" and that his interest
was "not about a revenue grab." He also said that he continues to
strongly support a preferential tax rate for capital gains, which
are the profits from the sale of property and securities. He said
he remained convinced, however, that partnerships that trade publicly
like Blackstone should pay taxes at an ordinary rather than a preferential
rate.
"Cool it, particularly on the hysteria out there," Grassley concluded.
Also testifying were Kate D. Mitchell, managing director of the
venture capital firm Scale Venture Partners, who said the changes
would hurt capital formation, and Mark P. Gergen, a partnership
expert at the University of Texas School of Law, who advocated reducing
the tax advantage.
Separately, lawmakers at a House hearing yesterday said that tighter
regulation of hedge funds might be needed to protect investors from
unexpected losses.
At the House Financial Services Committee hearing, Democrats and
Republicans agreed with a previous administration recommendation
that regulators need to be more vigilant in watching the activities
of hedge funds and private-equity firms -- investment funds that
now oversee about $2 trillion in assets. But the administration
did not suggest additional regulations.
Generally only very wealthy individuals and well-heeled institutions
are allowed to put money into such funds. Still, the lawmakers said
heightened scrutiny would be wise because retirements of firemen,
police officers and teachers often depend on hedge-fund returns
since public pension funds often invest in them.
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