In this case, as in nearly every private equity acquisition, private equity firm benefit from a legal double standard: They have effective control over the companies their funds buy, but are rarely held responsible for those companies’ actions. This mismatch helps to explain why private equity firms often make such risky or shortsighted moves that imperil their own businesses. But it isn’t just that firms benefit from the law: They take great pains to shape it, too. The most prominent of these benefits is the carried interest loophole, which allows private equity executives to pay such low tax rates. Instead, Congress approved an amendment that largely exempted small and midsize companies owned by private equity firms from a new corporate minimum tax.

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