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Dec. 22, 2009

House passes carried (profits) interest legislation

On Dec. 9, 2009, the U.S. House of Representatives passed legislation containing a carried interest provision as a revenue offset to a number of expiring tax provisions, including the research credit. The carried interest provision generally would cause income attributable to carried (or profits) interests to be taxable at ordinary income rates (as opposed to capital gains rates) and subject to self-employment taxes in the case of income reported by an individual.

The legislation will now move to the Senate for consideration. Although the carried interest provision is likely to face strong opposition in the Senate, there is bipartisan support for the extension of the expiring provisions, and it is not clear whether an alternative revenue offset is available. The legislation would be effective for dispositions of partnership interests and partnership distributions occurring after Dec. 31, 2009 — regardless of when the interest was originally granted. Learn more.

For more information
Cynthia Keveney
Financial Services
Grant Thornton LLP
T 212.624.5495
E Cynthia.Keveney@gt.com
Visit www.GrantThornton.com
.

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