First, you've got a situation where the banks with whom the funds deal can leverage these deals as high as 20-1. Yet, Federal law has something called Regulation T, which says that a bank or broker-dealer cannot extend more than 50 percent margin on a stock account. Then, you've got something called a basket option, which defines all these trades (which last minutes) as long-term transactions and, thus, subject to a lower tax rate. The Senate report says that one firm may have engaged in "tax avoidance of more than $6 billion". It is also questionable as to whether the books and records say who is the true owner of an account.
Another interesting excerpt from the Senate report:
“Large partnerships – which include hedge funds, private equity funds, and publicly traded partnerships – are some of the most profitable entities in the United States. According to a 2013 preliminary report issued by the U.S. Government Accountability Office (GAO), ‘[i]n tax year 2011, nearly 3.3 million partnerships accounted for $20.6 trillion in assets and $580.9 billion in total net income.’ That GAO report also found that the IRS was failing to audit 99% of the tax returns filed by large partnerships with assets exceeding $100 million.”The hearing continues on Wednesday.
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