Romney's Bain Capital under investigation for tax dodging

New York's attorney-general starts examining private equity firms

Bain Capital – the company formerly run by Republican presidential candidate Mitt Romney – is among a number of private equity firms being investigated for underpayment of taxes, according to a report in the Financial Times:

[New York's attorney-general, Democrat Eric] Schneiderman has issued subpoenas as part of an investigation into the “fee-waiver” strategy, in which executives invested management fees paid by investors back into one of the investment funds. Any profits on those fees would be taxed at the capital gains rate – a much lower tax rate than if it were treated as ordinary income. There is debate over whether the strategy is legal, aggressive or illegal. The strategy was risky and could have resulted in losses for the manager if the investment funds were not profitable.

The fact that Bain Capital is being investigated has led to some – including one "private equity executive" quoted by the FT – to brand the move as a political one, but other equity groups are being investigated as well, including KKR (part owners of Alliance Boots, amongst others) and Apollo Group (an education-focused firm which owns one of Britain's two private universities, BPP University College).

Bain is being roped into the investigation – run by the state's Taxpayer Protection Bureau – due to the hundreds of pages of the company's internal financial documents which were leaked by Gawker, which reveals that the Bain partners save more than $200m in federal income taxes and more than $20m in Medicare taxes.

The New York Times reports that there is widespread belief that the practice is not only legal, but ethically justifiable as well:

Tax lawyers have justified the arrangements by arguing that converting the management fees into carried interest, which could lose some or all of its value if a fund does poorly, entitles the managers to the lower capital gains rate, which is intended to help mitigate the risks taken by investors.

“They’re risking their management fee — they’re giving up the right to that management fee in any and all events,” said Jack S. Levin, a finance lawyer whose firm has represented Bain on some matters. Mr. Levin said he did not consider the practice risky or even aggressive.

“The I.R.S. has known that private equity funds have been doing this for 20 years,” he said.

If the move is politically motivated, it's likely to prove rather successful. Romney's tax status has been under examination since the day he made his first presidential bid, and he has been extremely unwilling to reveal anything but the barest minimum of information about it. The most compelling theory as to why is the suggestion that, in 2009, he may have taken advantage of an IRS amnesty into illegal Swiss bank accounts. And the status of Romney at Bain is similarly murky.

All of which is to say that the candidate has the whiff of financial impropriety floating around him most of the time, and it doesn't take much from, say, a Democratic attorney-general to make more bad news for him.

Obama and – Bane? Bain? Romney. Obama and Romney.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Who is responsible for an austerity violating human rights? Look to New Labour

Labour's record had started to improve under Jeremy Corbyn and John McDonnell. 

The UN has made it clear the Government’s austerity programme breaches human rights. This is not because of spending cuts - it is because because those spending cuts target women and disadvantaged groups, particularly disabled people and asylum seekers.

The degree of injustice is staggering. The Coalition Government used a combination of tax increases and benefit cuts to reduce the net income of the poorest tenth of families by 9 per cent. The cuts faced by disabled people are even more extreme. For instance, more than half a million people have lost social care in England (a cut of over 30 per cent). Asylum seekers are now deprived of basic services.

The injustice is also extremely regional, with the deepest cuts falling on Labour heartlands. Today’s austerity comes after decades of decline and neglect by Westminster. Two places that will be most harmed by the next round of cuts are Blackpool (pictured) and Blackburn. These are also places where Labour saw its voters turn to UKIP in 2015, and where the Leave vote was strong.

Unscrupulous leaders don’t confront real problems, instead they offer people scapegoats. Today’s scapegoats are immigrants, asylum seekers, people from ethnic minorities and disabled people. It takes real courage, the kind of courage the late MP Jo Cox showed, not to appease this prejudice, but to challenge it.

The harm caused by austerity is no surprise to Labour MPs. The Centre for Welfare Reform, and many others, have been publishing reports describing the severity and unfairness of the cuts since 2010. Yet, during the Coalition Government, it felt as if Labour’s desire to appear "responsible" led  Labour to distance itself from disadvantaged groups. This austerity-lite strategy was an electoral disaster.

Even more worrying, many of the policies criticised by the UN were created by New Labour or supported by Labour in opposition. The loathed Work Capability Assessment, which is now linked to an increase in suicides, was first developed under New Labour. Only a minority of Labour MPs voted against many of the Government’s so-called "welfare reforms". 

Recently things appeared to improve. For instance, John McDonnell, always an effective ally of disabled people, had begun to take the Government to task for its attacks on the income’s of disabled people. Not only did the media get interested, but even some Tories started to rebel. This is what moral leadership looks like.

Now it looks like Labour is going to lose the plot again. Certainly, to be electable, Labour needs coherent policies, good communication and a degree of self-discipline. But more than this Labour needs to be worth voting for. Without a clear commitment to justice and the courage to speak out on behalf of those most disadvantaged, then Labour is worthless. Its support will disappear, either to the extreme Right or to parties that are prepared to defend human rights.

Dr Simon Duffy is the director of the Centre for Welfare Reform