The money behind the power
Don Wiener from Center by Media & Democracy
Eleven of the top 50 individual contributors to political campaigns this election cycle work in the finance industry—specifically in private equity—and are betting big on congressional and presidential candidates who will protect one very special federal tax break worth billions of dollars to them: the carried interest loophole.
So
far this election cycle, these 11 private equity billionaires have already
contributed more than double the amount that more than 147 private equity firms
pumped into federal elections in all of the 2016 election cycle. Private
equity—which largely entails rich investors buying and selling companies—is
only a part of a larger finance industry that includes hedge funds, securities
firms, banks, and investment companies and managers.
This
loophole, of course, is not the only tax perk that private equity firms favor.
They also push to keep the tax rate on capital gains much lower than the tax
rate on ordinary income.
Finance—securities
and investments—tops the list of industries giving the most money to date this
round, with more than $1
billion in contributions to candidates, parties, and PACs, according
to the nonpartisan political funding tracker Open Secrets.
The
11 private equity leaders have contributed more than $223 million to congressional and presidential
candidates and the super PACs that support them, accounting for almost 20% of
all money contributed by thousands of companies in the finance sector,
according to Open Secrets data. During the 2016 election cycle, the Center for
Media and Democracy (CMD) reported that the 147 private equity firms it analyzed
contributed $92 million to candidates and super PACs.
The carried interest tax deduction allows private equity investment managers to pay a lower 23.8% tax rate on the capital gains passed on to them as compensation rather than the top income tax rate of up to 40.8% they would pay on the same amount if it were considered wage or salary income.
“Carried
interest is a form of compensation paid to investment executives like private
equity, hedge fund and venture capital managers,” CNBCexplains. “The managers receive a share of the fund’s
profits—typically 20% of the total—which is divided among them proportionally.
The profit is called carried interest, and is also known as ‘carry’ or ‘profits
interest.’”
The
$223-million investment these 11 private equity billionaires are making in
campaign contributions in hopes of keeping the loophole intact will save the industry an estimated $14 billion in taxes
over 10 years, as Senate Democrats pointed out in 2022 when they were forced to
let go of legislation to get rid of it.
This
loophole, of course, is not the only tax perk that private equity firms favor.
They also push to keep the tax rate on capital gains much lower than the tax
rate on ordinary income. And some private equity managers have other public
policy interests, like billionaire Jeffery
Yass, the largest individual donor this election cycle, who gives millions
of dollars to school choice groups and other conservative causes.
On
April 15, 2024, Sen. Tammy Baldwin (D-Wis.) introduced the Carried Interest Fairness Act (S. 4123), which she co-sponsored with 14 other senators, in
order to eliminate the tax loophole, something that Democrats have long sought
to fix. The proposed legislation treats the buying and selling of companies as
ordinary income if that is a firm’s primary business. “By closing the carried
interest loophole, we’ll make our tax code fairer for working families, cut the
deficit, and ensure that those at the top of the food chain aren’t exploiting
the system to further enrich themselves,” Baldwin said in a press release.
While
90% of the private equity contributions made so far this election cycle have
gone to Republicans or the PACs that support them, not every Democrat is
opposed to eliminating the loophole.
Before
Sen. Kyrsten
Sinema (I-Ariz.) left the party to become an independent in 2022, she “courted private equity titans and received the maximum
allowed amount from the PACs of leading private equity firms such as The
Carlyle Group, along with the industry’s trade organization, the American Investment
Council (AIC),” CMD reported.
Private
equity billionaires have dramatically increased their spending since Sinema
decided not to run for reelection this year.
In
2017, as part of then-President Donald Trump’s Tax Cuts and Jobs Act, the length of time needed to trigger
the long-term capital gains tax was raised from one year to three just for
private equity. The loophole itself was kept in the bill because of fierce
industry lobbying, even though Trump groused that those who took the tax break were
“getting away with murder.”
Former
President Barack Obama and President Joe Biden both pledged to get rid of the
unfair tax loophole. Obama never followed through, and Biden dropped the loophole fix from the Inflation Reduction
Act due to opposition from Sinema. Anti-tax zealot Grover Norquist compares the situation to a dog chasing a bus. “You
didn’t mean to catch the bus, you meant to whine about the bus,” he famously
said.
Vice President Kamala Harris, the presumptive Democratic nominee for president, has made few comments so far on private equity and has not yet expressed her views about the carried interest loophole.
© 2023 Exposed by CMD
Don Wiener is a contributor to the Center for Media and Democracy. Don has 40 years experience working as a policy analyst, researcher, media strategist, and coalition coordinator for dozens of community, public interest, labor, and environmental groups. He has a Ph.D. in Political Science from the University of Wisconsin-Madison.