Gov. Romneyâs taxes look to be compliant. Sure there are some valid questions, but thatâs the case with most taxpayers. - GreenTrader Weblog
http://www.greencompany.com/blog/index.php?postid=135
I wondered about Mitt Romney's IRA size, too. I raised some questions that others haven't and they could be off base.
For the huge chunk of Romney's IRA growth in size, I suspect carried interest investment gains - which can be huge - on positions he received in connection with his Bain management agreements. While some tax attorneys think that's fully legal, I have some lingering questions. Where it might be inappropriate to receive business income - like management and incentive fees - in your IRA, it's probably not a problem to receive a carried interest on investment income. Private equity and hedge fund managers structure carried interest in deals in lieu of incentive fees. Carried interest is a share of capital gains, whereas fees are business ordinary income.
I agree with other pundits on the usual suspects. Low valuations on private equity turnaround investments made through C-Corps using high leverage, so equity is a low value and there is no UBIT taxes in the IRA, since it's offshore in a C-corp structure.
Rollovers can transfer big dollars into an IRA, but I haven't heard it's a "Rollover IRA."
It's okay and smart to trade in your retirement plans. That's not running a business. Trade in taxable accounts to achieve trader tax status for business deduction treatment.
If Romney was planning to run for office, and if he wanted to keep his public tax returns more modest, he might have seen the added value of parking income producing investments in his IRA. So, his IRA may have become a dumping ground for everything he didn't want to show the public details on. Plus, as a smart guy, he saw the incredible value of tax deferral.
This all seems fully legal, with the possible exception of the carried interest. His answer should be that carried interest is not business income, it's capital gains and that's okay. The reason I wonder about it is because an IRS audit manual claims that carried interest is disguised incentive fees, but that's probably more of a question for hedge funds and not private equity. Audit manuals do not dictate tax law, the code does, and carried interest has withstood challenge. Democrats tried to repeal it, but Republicans blocked them.