What, exactly, is the problem?
Under the current law formula, investors in oil and gas index funds or other financial products get long-term capital gains treatment for 60% of their returns. The current tax rate for long-term capital gains is 15%. The remaining 40% of returns are taxed as short-term capital gains, meaning they face ordinary income tax rates up to 35%.
By contrast, those engaged in the oil and gas business pay ordinary income tax rates on any profits from financial products they use to hedge their positions. The Grassley-Wyden legislation would tax investors' return on oil and gas contracts as ordinary income, the same treatment as the oil and gas firms receive.
Why are these groups taxed differently to begin with?
If you're going to criticize the legislation, do so for the right reason(s).
Under the current law formula, investors in oil and gas index funds or other financial products get long-term capital gains treatment for 60% of their returns. The current tax rate for long-term capital gains is 15%. The remaining 40% of returns are taxed as short-term capital gains, meaning they face ordinary income tax rates up to 35%.
By contrast, those engaged in the oil and gas business pay ordinary income tax rates on any profits from financial products they use to hedge their positions. The Grassley-Wyden legislation would tax investors' return on oil and gas contracts as ordinary income, the same treatment as the oil and gas firms receive.
Why are these groups taxed differently to begin with?
If you're going to criticize the legislation, do so for the right reason(s).