Jonathan Tasini

Jonathan Tasini

Posted: September 7, 2007 10:42 AM

Democrats Can't Capitulate on Economic Fairness, Either


While they are quivering and wavering on the Iraq War, let me suggest that there is another issue Democrats cannot capitulate on: economic fairness. It's been said, repeatedly, that the Democrats took control of Congress in 2006 because of the anger over the Iraq War. I don't disagree that the war was, and should have been, the central issue. But, a close second was the economic distress faced by many people who are outraged by the greed of a handful of the corporate and social elites. Which brings me to the taxation of hedge fund and private equity executives.

Yesterday, the Senate and House held hearings on the question of whether hedge funds executives should be taxed at the same rate as other rich people (the House hearing was more broadly on the question of tax fairness). Yes, that tells you how ludicrous the debate has become. Hedge fund and private equity executives have used a wrinkle in the tax code to pay just 15 percent on so-called "carried interest"; other wealthy people pay 35 percent (also too low but that's a different debate). And, of course, this says nothing of the spectacle of people who make hundreds of millions of dollars and even billions of dollars paying a lower rate of taxes than a middle-class person. Rep. Sander Levin has introduced a bill (H.R. 2834) that would, in fact, raise the tax rate on "carried interest."

The New York Times piece today about the hearings exposed how completely shameless, and obscenely greedy, these hedge fund and private equity executives are. In trying to avoid an increase in the tax, these folks are arguing that such an increase would hurt the economy and the millions of people whose pension fund money the hedge funds invest. This is a bogus argument:

Specialists testifying before House and Senate committees said that although the pension funds had invested billions of dollars in hedge and equity funds, the amounts are a small part of their overall assets -- less than 10 percent, according to recent studies. As a result, they said, an increase in the tax rate for the managers of the hedge and equity funds would not significantly harm pension funds.

And

But Leo Hindery Jr., a former executive in the cable television industry who is now managing partner at a private equity fund, InterMedia Partners, disagreed, telling the committee that the industry had taken advantage of a "tax loophole the size of a Mack truck."

"Congress, starting with this committee, needs to tax money management income, what we call carried interest, as what it is, which is plain old ordinary income," Mr. Hindery said. He called the argument that the tax increases would hurt the economy "self-serving" and "complete poppycock."

He was joined by William D. Stanfill, a founding partner of TrailHead Ventures, a venture capital firm in Denver, who said that his compensation should be taxed the same as teachers, firefighters and movie stars. "I don't think it's fair for those teachers and firefighters to subsidize special tax breaks for me and other venture capitalists," Mr. Stanfill said. "Or for private equity and hedge fund managers."

In plain language, this is utter bullshit and the true definition of audacious. These folks are so intent on making sure that they can keep buying yachts with helicopter pads and build mansions that would make the robber barons of the 19th and early 20th Century look like paupers that they seriously argue that somehow they will have less incentive to take the money of pensioners and invest it. Fine, let's raise their taxes and, since the new profits will discourage them from investing, offer them jobs as maintenance workers, hospital aides or firefighters were the job satisfaction is higher. Lewis Carroll could not invent this fantasy world.



In fact, at the House hearing, there was this clarifying moment:

A moment of comic relief came when one member of the House Ways and Means Committee pressed some of the panelists who work in the hedge fund industry to estimate the average pay among hedge fund managers.



After an awkward silence, and prodding by the congressman, one witness conceded "millions," and then $500 million. The top earner last year, according to Institutional Investor's Alpha magazine, earned $1.7 billion.

And we can't stand for this. A letter signed by more than 300 national, state and local non-profit organizations says it quite well:

As Warren Buffett recently stated, it's an outrage that Americans who are paid millions or even billions for their labor can be subject to lower federal tax rates than their middle-income receptionists. This is particularly true of private equity fund managers, the multi-millionaires who pay a 15 percent federal tax rate on compensation for their services (something they call "carried interest") rather than the higher tax rate that normally applies to someone at their income level.

There are no official estimates of the cost of this loophole yet, but most experts agree it costs taxpayers several billion dollars each year.

Just as important as the cost of this loophole is its outrageous unfairness. A receptionist, a firefighter or a police officer who is unmarried and earns $50,000 a year pays a federal income tax rate of 25 percent on a large share of her income. That's after she pays around 15 percent of all of her income in federal payroll taxes. But thanks to a loophole in the tax code, private equity fund managers pay only the 15 percent capital gains tax on their carried interest, which is usually most of their compensation.

The capital gains rate applies to income received from investments, but the fund managers are not actually investing their own money in most cases. They're managing other people's money and getting paid for their work, just like the rest of us who get paid by the hour or on a salary to provide a service. Even Greg Mankiw, former Chair of the Council of Economic Advisors under President Bush, has argued that there simply is no rational reason why these fund managers should be taxed at the lower 15 percent rate.

Now, where is the party on this issue? My sources tell me that the House Democrats are pretty good--so far. It's a little unclear about what the Senate Democrats will do. But, there should not be a single Democrat who isn't on the right side of the issue: should the rich and wealthy, who are making astronomical profits, be allowed to pay less than hard-working Americans? There can be no better issue to take to the voters that illustrates the difference between Democrats and Republicans.

But, we need to have some concerns because the issue of economic fairness often is tossed by the wayside when it comes to raising campaign cash. Sen. Charles Schumer, who has been far too much of a defender of Wall Street interests, initially appeared to be ready to try to block any such tax hike. Others say Schumer just doesn't want to single out the industry and wants to raise taxes on wealthy people across the board. That may turn out to be a fine proposal. But, he needs to be watched carefully.

And we also need to keep an eye on Rep. Rahm Emanuel. Today's Wall Street Journal reports on a proposal Emanuel is floating:

Rep. Rahm Emanuel (D., Ill.) said he soon will introduce a bill capping hedge-fund managers' offshore deferrals to the same amount most people are permitted to defer tax-free each year into 401(k) and individual retirement accounts. For 2007 that amount is $19,500.

The legislation would be aimed at managers of hedge funds that are based overseas. Managers of these funds, under current law, can put off for years the income taxes due on large chunks of their compensation. They can also reinvest the deferred amount in their funds and let it grow tax-free in the meantime.

But, the question is whether Emanuel's proposal is actually a bait-and-switch tactic:

Mr. Emanuel's proposal may serve as a diversion from an issue he says is more complex: the taxation of carried interest, a cut of profits received by managers of hedge and private-equity funds as well as some real-estate investors. He so far hasn't been a vocal supporter of legislation pushed by others that would raise tax rates on carried interest.

No, Rahm, this isn't complex. It is pretty straightforward.

What the party should do is organize a press conference in front of the Capitol, have every single member of the House and Senate there and sign a pledge to support and vote for Sander Levin's bill and any companion bill that arises in the Senate.

No retreat and no surrender when it comes to economic fairness.

 
 
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09:24 AM on 09/08/2007
Huge numbers of middle class workers in America see the buyout industry as emblematic of a bigger problem—our economy is out of whack. The numbers off a recent Benson poll won’t surprise anyone:

71% say the country is on wrong track;
61% rate the national economy negatively;
77% see this income inequality as a problem in our country; and
Voters see income inequality as having political and moral, as well as economic, implications for the country.

While the PE Buyout guys have spent millions trying to rebrand themselves as defenders of pension funds, widows and orphans, and inner city poor people, there is growing support on the Hill and around the country for Congress to pass reforms that restore balance to buyout deals and the economy at large. In fact, of 10 reforms tested, 9 received support from 70% of voters or more.

Honor commitments to retirement and health care benefits made by previous owners
Provide health insurance to employees
Tax income at same rate as other corporate income
Tax profits going to PE managers at same rate as ordinary income
Increase disclosure requirements on private equity firms
Offers community and employee representatives a seat at the table when buyout deals are negotiated
02:22 PM on 09/07/2007
Sometimes I wonder if the rich don't threaten to move overseas taking their money with them.

Why are they allowed to have money off shore that isn't taxed?

If they all left the country we could fill the void. There are a lot of people who can do what they do for a lot less money and would be proud to pay taxes to keep our country fair and debt free

They don't have to live here, but we don't have to buy from them either.
12:29 PM on 09/07/2007
Yeah, I would definitely quit my job making 1.7 billion dollars a year if my taxes were raised.

This is just the tip of the ice berg. As the author suggests, a trial ballon on the veracity of Democratic rhetoric. Well see.

In the mean time, executive compensation in general has surpassed an form of propriety. That is bad enough from a fairness standpoint, but what is worse is the underlying malfeasance caused by the amounts and incentives of executive compensation. It is all about pumping the stock price, and at the end of the day, companies are often left hollow shells existing only in a make beleive world of accounting.

The Europe and Asia understand and reject the missapplication of incentives and as a result their companies are both more competitive and more productive. The only product of scandalous compenstation is scandal.
12:27 PM on 09/07/2007
I feel like an ex smoker- I have become militant about the Dems impotence-
WHY ??

We must watch out for our own 'smiling faces' in the Deomcratic party. They're suddenly propositioning the REpublican for a public trist. Literally running their left hands under the stall wall- WHY???

Definitely investigate the Republicans so we can drive them out- but don't fail to check out those wolves hiding in sheeps clothing either. The Dems have some good ol' boys who have talked the talk, but never really walked the walk for us- esp recently. I mean the 'fixture' just wrote my "Dear John" letter to Levin. they are going to need to prove to me their more than just NOT REPUBLICANS- they need to prove that they understand this country is BY THE PEOPLE AND FOR THE PEOPLE an dthat they have been given the honor of being selected as a PUBLIC SERVANT- not a corporate, or religious servant.
DEM DON'T COUNT YOUR CHICKEN YET.
Republicans just start packing your bags- you've screwed up on too many levels to have not effected every American adversely whether they are aware of it now or not.Because even though we are putting our candidates through the wringer- they at least warrant the exercise. You're all just too dirty to bother with-we'll just throw you away.
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dadw5boys
Disabled Vietnam Vet
01:29 PM on 09/07/2007
51% majority does not translate into the 60 votes needed to pass laws or the 65 votes needed to overturn a veto!
11:57 AM on 09/07/2007
Not only can they capitualte, they will capitulate. On anything and everything. Just don't call them NAMES!!!! Oh, the horror of being called NAMES!!! POS Democrats. Cowards, all of 'em. Oh, except Cris Dodd. Pitiful.
04:53 PM on 09/07/2007
Keep in mind that Joe Biden (who wants to be the people's President) is the Dem Senator from the mass creditcard capital of the world__Deleware__ and voted to protect that greedy industry by voting in favor of the Bankruptcy Reform Bill of 2005. Nothing in that legislation protects us from the predatory practices of BigCredit.

Leona Helmsly famously said, "Only the little people pay taxes."

And thanks to Biden and others bought and paid for by BigCredit, only the little people are required to pay debt without excuse; nor regardless of capricious interest rate hikes that stretch debt to a lifetime of usurious payments.
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jmpurser
See My micro-bio
11:29 AM on 09/07/2007
Anyone who thinks there's a limit to the number of issues that Democrats can cave on and STILL expect to win doesn't know them very well.
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dadw5boys
Disabled Vietnam Vet
02:56 PM on 09/08/2007
I agree!
All togeather now!
4 MORE WARS!
4 MORE WARS!
4 MORE WARS!
WE DON'T MIND THE COST!
4 MORE WARS!
4 MORE WARS!
4 MORE WARS!
11:10 AM on 09/07/2007
Let's do the math. If I'm Mr. Big who just made $1.7 billion as my annual pay for 2006, at a 15% tax rate I paid $235,000,000 in federal income taxes. Bumping my tax rate to 35% means that I now have a stake of $340,000,000 in seeing the status quo preserved. So as long as I spend less than that to defeat the change in the tax law, I've, in essence, made a profit. I bet you that I'm smart enough to not sit on my hands at a time like this.

I realize that all of this is only peanuts compared to what GWB gave to these guys in his main tax cut move, but it's still real money so I wouldn't want to be the one standing in front of the freight train that's headed to the "No New Taxes" station.
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dadw5boys
Disabled Vietnam Vet
01:27 PM on 09/07/2007
Well according the the G A O you got your figures wrong. The wealthy pay hardly 5% in taxes.
And if they keep offshore earning in an offshore account it is not taxavle and the investors will never even know they earning exist to demand dividend from the profits.
10:45 AM on 09/07/2007
They can and they will. They've capitulated on everything else: there's no reason to think they won't on this. They're rich and they owe their positions to the even richer.
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dadw5boys
Disabled Vietnam Vet
01:24 PM on 09/07/2007
Maybe a Government like Brazil is what the rich are after where PURE CAPITALISM rules and the largest industry is PERSONAL SECURITY.
Seems they like to get to work and back home alive.