The Carried Interest Loophole May Not Be Here To Stay After All

The government is taking action to close a loophole that remained intact after the Carried Interest Tax Break was retained under the new tax law, according to Treasury Secretary Steven Mnuchin.

The carried interest tax break, which President Donald Trump openly opposed during his campaign, was retained after Trump's overhaul of the tax system — save a minor adjustment. In order to qualify for lower capital gains tax rates, fund managers must now hold onto their investment for one to three years,  the Wall Street Journal reports.

Reportedly, hedge fund managers have discovered another way to achieve lower rates despite this amendment to the rule. In December, the number of LLCs incorporated in Delaware rose by 19% after hedge fund managers flocked to the state in order to set up single-member LLCs, which qualify as pass-through entities.

By doing so, profits that would normally be subject to the new three-year holding period are exempt from the rule and subject to a lower tax rate of around 20% rather than the individual rate of 37%, Bloomberg reports.

Mnuchin has since announced that the government received authorization on Feb. 14 to close this loophole and prevent hedge fund managers from continuing to skirt taxes owed. The issue could be resolved within the next two weeks, according to the WSJ.

Continue reading this story with a free account

Log in or register
Sign up for more articles like this
Subscribe to Bisnow's National Newsletters
Related Stories

JVP Development Is Betting $37M Of Its Own Money That Frisco Is Ready For Spec Office

Wall Street Impatient For Big Tech Returns On Data Center Spending

As AI Adoption Ramps Up, Half A Million Property Managers Are In The Crosshairs

Treasuries Hover Around 4.7% As Wall Street Questions If Warsh Is A 'Dove In Hawk's Clothing'

Avison Young Had Assets Frozen By Bank Over Unpaid Taxes

Camden Property Trust Sells West Coast Portfolio, Clears $1.5B Target

Churchill Downs Plans To Sell 9 Casinos, Focus On Horse Racing

Bringing Stability And Savings To CRE Insurance Through Working Layer

More Hotel Owners In Need Of Cash Are Getting It From The Big Brands

Former Arms Dealer Targeting Heartland Apartment Takeover Files For Bankruptcy

SEC Charges REIT, Its Founders With Alleged $152M Fraud Scheme

Equinix Ramps Up Spending Plans Amid Faster-Than-Expected AI Shift