CEI is in opposition to proposals that would raise taxes on carried interest investment income.

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Dear Members of Congress,

We the undersigned organizations write in opposition to proposals that would raise taxes on carried interest investment income.

Carried interest is a share of profits earned by general partners of private equity, venture capital, and real estate. General partners in a firm are paid as if it were a return on their investment rather than ordinary income and are taxed as a capital gain as such.

We urge Congress to reject the misnamed “Carried Interest Fairness Act,” legislation recently reintroduced by Senators Tammy Baldwin, Elizabeth Warren, Bernie Sanders, and other progressive members of Congress. This

legislation that would increase the tax rate on carried interest investment by 70%, from 23.8% to 40.8%.

Similarly, Nancy Pelosi and House Democrats attempted to raise taxes on carried interest in their partisan Build Back Better legislation, as did President Joe Biden in his budget proposals. The 2024 Democratic Party Platform also called for raising taxes on carried interest.

This latest tax hike on carried interest would raise taxes by an estimated $6.5 billion over the next decade while discouraging investment, reducing economic growth, and growing the size of government.

This legislation reflects the longstanding agenda of some to tax all capital gains as ordinary income. Taxing carried interest is the opening salvo in this effort.

On principle, carried interest should be taxed as capital gains and not at artificially higher rates.

The tax treatment of carried interest is not a “loophole” as some have long mischaracterized. In fact, the current tax treatment of carried interest is an intentional, pro-growth feature of the tax code for more than 100 years that incentivizes risk-taking and entrepreneurship, benefiting investors, public pension funds and retirees.

A 2021 study analyzing venture capital funds found that changing the tax treatment of carried interest “to ordinary income rates would significantly reduce the attractiveness of forming a new fund.” A higher tax rate limits the availability of affordable investment options for American workers and retirees.

We urge you to oppose the misnamed “Carried Interest Fairness Act” and reject similar proposals that would raise taxes on carried interest investment income.

Instead of hitting American investors and companies with massive tax hikes, Congress should focus on making the pro-growth tax cuts from the 2017 Tax Cuts and Jobs Act permanent and reducing wasteful government spending.

Onwards,

Grover Norquist

President, Americans for Tax Reform

Saulius “Saul” Anuzis

President, American Association of Senior Citizens

Phil Kerpen

President, American Commitment

Ryan Ellis

President, Center for a Free Economy

Daniel J. Mitchell

President, Center for Freedom and Prosperity

Jeffrey Mazzella

President, Center for Individual Freedom

John Berlau

Director of Finance, Competitive Enterprise Institute

Matthew Kandrach

President, Consumer Action for a Strong Economy

Tom Schatz

President, Council for Citizens Against Government Waste

Cameron Sholty

Executive Director, Heartland Impact

Alfredo Ortiz

Chief Executive Officer, Job Creators Network

Brandon Arnold

Executive Vice President, National Taxpayers Union

John Tamny

President, Parkview Institute

Gordon Gray

Executive Director, Pinpoint Policy Institute

Karen Kerrigan

President & CEO, Small Business & Entrepreneurship Council

David Williams

President, Taxpayers Protection Alliance

Steve Pociask

CEO, The American Consumer Institute

James Taylor

President, The Heartland Institute

James L. Martin

Founder/Chairman, 60 Plus Association