• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Obama and private equity: Friends or foes?

By
Dan Primack
Dan Primack
Down Arrow Button Icon
By
Dan Primack
Dan Primack
Down Arrow Button Icon
March 28, 2012, 9:00 AM ET

It’s easy to point the finger at a Democratic president who wants to reform the corporate tax code, but the real enemy is a lot closer to home.



FORTUNE — Many private equity investors are convinced that President Obama is their enemy, not only because he wants to defeat former Bain Capital boss Mitt Romney in November, but also because of a new corporate tax reform proposal that could make private equity deals more difficult to finance. The industry’s most dangerous enemy, however, is not in the White House. It’s in the mirror, due to private equity’s pervasive use of dividend recapitalization — a noxious financial strategy that perverts the industry’s mission and threatens its future ability to raise capital.

Here’s how it works: When a private equity firm buys a company in a traditional leveraged buyout, it typically uses bank loans to finance much of the purchase price. Since the company being acquired takes out the bank loans, it’s the one on the hook for future interest payments — not the private equity owner. The extra twist comes when, often years later, private equity owners instruct the company to take out even more bank loans. Those proceeds are then funneled to private equity investors in the form of a “dividend,” rather than being used for corporate purposes like buying new equipment or hiring new employees.

In most cases, companies can handle the extra debt load. But sometimes the interest payments become unbearable and the company folds, as in the case of Bain’s investment in medical diagnostics specialist Dade International. Not only did private equity not increase the company’s value, but its actions actually helped destroy value.

Even when the company survives, it’s difficult to argue that the added debt has contributed to anything other than private equity’s bank balance. And calling it a “dividend” is just plain deceitful, since dividends are supposed to come from legitimate earnings.

According to Standard & Poor’s, there was more than $28 billion in dividend recap activity last year and nearly $7 billion during the first two months of 2012. That’s just a small fraction of overall private equity activity, but it still represents an unacceptable burden on companies whose only crime was to be acquired by firms that talked a big game about “value added.”

So what can be done to stem the tide? The best solution would be self-policing. Unfortunately, that would be like asking kids to choose apples over miniature candy bars while trick-or-treating. That leaves government intervention — not a prohibition against dividend recaps, but tax policy that would discourage their use.

Last month President Obama proposed a corporate tax reform package that would, in part, stop encouraging corporations “to finance themselves with debt rather than with equity.” Among the proposed fixes was an unspecified reduction in the amount of interest that companies are allowed to claim as a tax deduction (now 100%). Depending on the specifics — and possible exceptions, such as for small-business loans — such a move could make private equity firms much less likely to engage in dividend recaps by increasing the cost of such capital.

Obama’s proposal may sound like an attack on private equity, but it’s not quite that simple. While dividend recaps are quick and easy money for the industry, they’re bad for business in the long term. Investors in private equity funds — including public pension systems — have begun talking a lot about “sustainable” investments, rather than just buy, sell, and move on. These investors also have large public equity portfolios and don’t like the idea of private equity removing value from companies that may be taken public, or killing a company, which contributes to unemployment and helps trigger larger macroeconomic troubles. These influential investors could reduce their private equity allocations if they see it happening too much.

So if President Obama’s primary goal was to destroy private equity, he might try to encourage even more dividend recaps. Luckily, for all involved, he’s doing the opposite.

This story is from the April 9, 2012 issue of Fortune.

Sign up for Dan’s daily email newsletter on deals and deal-makers: GetTermSheet.com

About the Author
By Dan Primack
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Lists Calendar
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Lists Calendar
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Christian Weedbrook standing in an office wearing a black jacket.
AIchief executive officer (CEO)
Meet the film school dropout who became a billionaire quantum computing CEO in days thanks to Nvidia
By Sasha RogelbergApril 22, 2026
15 minutes ago
Craving work-life balance is a huge red flag, says Fortune 500 CEO—and like Barack Obama, he happily works through the weekends
Successwork-life balance
Craving work-life balance is a huge red flag, says Fortune 500 CEO—and like Barack Obama, he happily works through the weekends
By Orianna Rosa RoyleApril 22, 2026
20 minutes ago
A group of people at a boardroom table, with one person standing
C-SuiteStrategy
Boards say the C-suite owns the AI strategy. The C-suite doesn’t agree
By Amanda GerutApril 22, 2026
22 minutes ago
Current refi mortgage rates report for April 22, 2026
Personal FinanceReal Estate
Current refi mortgage rates report for April 22, 2026
By Glen Luke FlanaganApril 22, 2026
24 minutes ago
Current ARM mortgage rates report for April 22, 2026
Personal FinanceReal Estate
Current ARM mortgage rates report for April 22, 2026
By Glen Luke FlanaganApril 22, 2026
24 minutes ago
Mortgage rates today, April 22, 2026
Personal Financemortgages
Mortgage rates today, April 22, 2026
By Glen Luke FlanaganApril 22, 2026
24 minutes ago

Most Popular

$166 billion in tariff refunds just became available, but small businesses may already be at a disadvantage
Law
$166 billion in tariff refunds just became available, but small businesses may already be at a disadvantage
By Sasha RogelbergApril 20, 2026
1 day ago
Jeff Bezos once gave Eva Longoria and the admiral behind Osama bin Laden's capture $100 million—but she says you don't need wealth to give back
Success
Jeff Bezos once gave Eva Longoria and the admiral behind Osama bin Laden's capture $100 million—but she says you don't need wealth to give back
By Orianna Rosa RoyleApril 21, 2026
1 day ago
'Something sinister could be happening': FBI looks into dead or missing nuclear and space defense scientists tied to NASA, Blue Origin, and SpaceX
Politics
'Something sinister could be happening': FBI looks into dead or missing nuclear and space defense scientists tied to NASA, Blue Origin, and SpaceX
By Catherina GioinoApril 21, 2026
13 hours ago
The tables have turned: Florida and Texas are the biggest losers in the housing market as Ohio emerges a surprise winner
Real Estate
The tables have turned: Florida and Texas are the biggest losers in the housing market as Ohio emerges a surprise winner
By Sydney LakeApril 21, 2026
14 hours ago
This talent CEO says laid-off tech workers are ignoring a $300K ‘white-collar trade job’ with 81K openings a year
Economy
This talent CEO says laid-off tech workers are ignoring a $300K ‘white-collar trade job’ with 81K openings a year
By Jake AngeloApril 20, 2026
2 days ago
Tim Cook's exit is part of a CEO reckoning sweeping Corporate America
Newsletters
Tim Cook's exit is part of a CEO reckoning sweeping Corporate America
By Diane BradyApril 21, 2026
22 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.