Post from the SSA Monday Morning Memo dated 12/14/09
The SSA encourages its members to voice their opposition to "Tax Extenders Act of 2009." Passed last week by the House of Representatives will more than double the taxes on carried interest received by general partners. Under this law, carried interest would no longer be taxed as capital gains at 15 percent, but as ordinary income at rates as high as almost 35 percent. The main proponent of the tax is Congressman Charles Rangel, chairman of the Ways and Means Committee of the House of Representatives.
As the SSA has stated in various communiqué's in the past, H.R. 4123 affects all partnerships, and not just the Wall Street hedge funds whose practices originally gave rise to the proposal. If enacted into law, this proposal could be the largest modification to the taxation of real estate in more than 20 years, since the Tax Reform Act of 1986.
The SSA joins representatives of other real estate sectors, including NAIOP, the National Apartment Association and others in urging its members to get involved. Please communicate with your Senator, letting them know that this tax increase on carried interest will further damage the commercial real estate industry and undermine efforts in their own communities to spur job growth and economic recovery. You can reach your representative by clicking here.