H.R. 1935 would amend the Internal Revenue Code of 1986 to provide for the treatment of partnership interests held by partners providing services.
Detailed Summary
Amends the Internal Revenue Code to: (1) to set forth a special rule for the inclusion in gross income of partnership interests transferred in connection with the performance of services; (2) treat as ordinary income or loss net income or loss from an investment services partnership interest; (3) include income and loss from an investment services partnership interest for purposes of determining net earnings from self-employment; (4) apply the rule treating gain from sales between related persons as ordinary income to certain partnership interests; and (5) exempt income from investment services partnership interests from treatment as qualifying income of publicly traded partnerships.
Defines "investment services partnership interest" as any interest in a partnership held by a person who provides services to a partnership by: (1) advising the partnership about investing in, purchasing, or selling specified assets; (2) managing, acquiring, or disposing of specified assets; or (3) arranging financing with respect to acquiring specified assets.
Status of the Legislation
Latest Major Action: 4/2/2009: Referred to House committee. Status: Referred to the House Committee on Ways and Means.
Points in Favor
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Points Against
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Visitor Comments
elliott bossin
June 23, 2009, 7:43pm (report abuse)i have worked in this area for most of my professional life. i do not think that many people realize how many businesses were started with "sweat equity". many small business cannot get bank financing and most look to individuals and small investment companies to get their seed capital. this bill will only punish start-ups and other entrepreneurs with limited capital. although a few people may have taken advantage of the rules, most are simply trying to raise capital, that is not otherwise available. with advent of too big to fail institutions, it is even harder for small businesses to get bank financing. additionally, carried interests do not create capital gain, they just represent a methodology to allocate gain to the participants. based on thirty years of experience, i do not think this is an abusive tactic. if people are terribly concerned, they could just cap the amount someone could recognize rather eliminate the opportunity. say no to hr 1935.