Gwyn Roberts

18/08/2010 Author: Gwyn Roberts

FSA bonus rules could dent tax take

With the UK trying to tame a record deficit, it would be a reckless Treasury that let tax pounds slip through its fingers. Yet this may well be the unintended consequence if current FSA proposals for bonus restrictions are applied to hedge funds.

Managers’ bonuses have been increasingly controlled by high-water marks. This high-wire act of consistently beating or matching an agreed level of performance was wrought out of the fallout of 2008 and investor demands that targets are fairly hit before managers reap rewards. It empowers clients and genuinely rewards out-performance.   

The FSA’s potential solution empowers no one. Losing cash bonuses in favour of deferred shares is unworkable, as existing ownership shares are diluted.

Deferring cash bonuses could also mean placing capital into a ‘synthetic’ bucket that sits outside of the main LLP – and its annual tax responsibility. It’s a move that potentially robs the public coffers at their most constrained time.

Proportionality and the legitimate get-out clause of ‘comply or explain’ may still be enough to make regulators understand that you can’t crowbar hedge funds into the same bonus structures as banks. However, if the continued politicising of the financial sector turns the current consultation paper into a whitewash, HM Treasury may well end up bearing the brunt of a smaller tax take

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