At home in rural Kent, Moulton is plotting more mischief.
Sunday, September 30th, 2007Jon Moulton, prince of buyouts, sides with tax man
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Published: September 28, 2007
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LONDON: Jon Moulton, who helped start the two biggest buyout companies in Europe, was descending a narrow staircase beneath his Victorian mansion, which sprawls behind vineyards and horse chestnut trees in the English county of Kent.
“There’s a lot of stuff in here, lads,” he said, pointing to cellar walls lined with about 100 cardboard boxes of documents he has archived as tax records. The labels read: Dead Deals; Rejected Deals; Possible Deals.
Moulton, managing partner of the London-based private equity firm Alchemy Partners, has been criticizing rivals for keeping their tax dealings in the dark. That behavior, he said, threatens to lead to increased regulation that could destroy the business he helped create.
“It essentially gets to be an industry which is almost beyond the tax man,” he said.
As turbulence in the credit markets rattles the biggest takeovers of the year, Moulton is raising another alarm. He says that buyout firms have it too easy when it comes to paying taxes.
Today in Marketplace by Bloomberg
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“I had no appreciation myself of just how aggressive some of the players in the industry have been,” he said.
Moulton says he thinks that lawmakers in London and Washington may be on the right track in investigating whether to rewrite tax laws and crack down on firms benefiting from loopholes.
“Jon says the unthinkable, and more often than not he’s right,” said Jonny Maxwell, who leads a unit at Allianz, the biggest insurer in Europe that invests in private equity funds. “He doesn’t care if he bloodies the nose of the private equity establishment.”
In the British Parliament, John McFall, chairman of the Treasury Committee, is leading a panel of 17 legislators that is investigating the private equity industry. In particular, they are studying whether deal makers are abusing laws that let them pay capital gains tax as low as 10 percent on their profits rather than the 40 percent income tax.
In a hearing June 20, McFall blasted executives including Damon Buffini, a managing partner at Permira Advisers in London, for dodging lawmakers’ tax questions. “You guys are the really bright ones and are the masters of the universe,” McFall said. “I ask you how much you pay in capital gains tax, and you cannot tell me.”
Prime Minister Gordon Brown said Wednesday that he might close loopholes that benefit private equity. “Whenever there is a loophole that shouldn’t exist, we take action,” Brown told supporters attending the Labour Party’s annual conference in Bournemouth, England.
In the United States, where the chief executive of Blackstone Group, Stephen Schwarzman, and other private equity moguls are enjoying unprecedented earnings, Max Baucus, a Democrat who leads the Senate Finance Committee, and Charles Grassley, the panel’s top Republican, want publicly traded buyout companies to pay taxes at the 35 percent corporate rate, instead of the 15 percent capital gains tax that is applied to the profit of partnerships.
Lawmakers do not have to dig deep to make scapegoats of buyout firms, said Josh Lerner, a professor of investment banking at Harvard Business School. “The writing’s on the wall for private equity,” he said. “They’re looking for a new source of tax revenue, and from a political point of view, private equity is a very tempting target.”
In Britain, the GMB, a trade union that represents more than 600,000 workers, is trying to fuel a public backlash. Last year, its members paraded a camel outside the Holy Trinity church in South London, which is attended by Buffini, of Permira. Their message: It is easier for a camel to pass through the eye of a needle than for a rich man to enter heaven.
Moulton uses some of the same tax structures the GMB is criticizing. He invests through the Alchemy Investment Plan, a group of limited partnerships based in Guernsey. International companies can be based there without paying local taxes.
“The main reasons to register a company in Guernsey are secrecy and tax avoidance,” says Prem Sikka, an accounting professor at Essex University.
Moulton, who owns a house on the island, said he had chosen Guernsey because of its tax laws and administrative expertise. He said that he and his partners had paid all personal taxes due in Britain. “We’re in the same game as everybody else,” he said about the capital gains tax, without elaborating.
Moulton said he was airing the tax issue to head off changes that could gut private equity, a pillar of Britain’s financial services market, by driving deal makers to countries like Switzerland. He suggests an all-encompassing capital gains tax rate of 20 percent. “Get rid of the anomalies,” he said. “Be careful you don’t destroy the industry.”
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Financial services make up about 8.5 percent of the British economy, and the companies controlled by private equity firms account for 8 percent of all British jobs in private industry, according to the British Private Equity and Venture Capital Association.
“If you’ve got any elements of pride or patriotism, you’d be worried about maintaining the financial services here,” said Moulton, who helped start the firms that have grown into CVC Capital Partners and Permira. “The threat level to it is high.”
Moulton also objects to a law that lets British-based foreign investors avoid taxes on earnings held outside Britain.
“Why should somebody who’s been born and bred in the U.K., paid tax in the U.K. all their lives, end up paying more tax on a deal than some bloke who arrived two years ago or 20 years ago?” he said.
At home in rural Kent, Moulton is plotting more mischief. Walking from his vineyard on a sunny Saturday in July, he toyed with names for the wine from which he hopes to make a profit. Moulton Rothschild, a play on the French banking clan’s Mouton Rothschild, is his favorite.
“Even if they threaten legal action, it would be really good free publicity,” he said.
After spending this year chastising his buyout peers about debt and taxes, Moulton’s next fight may be fermenting.
http://www.iht.com/articles/2007/09/27/bloomberg/bxmoulton.php?page=2
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