Home > 106th Congressional Bills > H.R. 1089 (rh) To require the Securities and Exchange Commission to require the improved disclosure of after-tax returns regarding mutual fund performance, and for other purposes. [Reported in House] ...
H.R. 1089 (rh) To require the Securities and Exchange Commission to require the improved disclosure of after-tax returns regarding mutual fund performance, and for other purposes. [Reported in House] ...
106th CONGRESS
2d Session
H. R. 1089
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2000
Received; read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
AN ACT
To require the Securities and Exchange Commission to require the
improved disclosure of after-tax returns regarding mutual fund
performance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mutual Fund Tax Awareness Act of
2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Taxes can be the single biggest cost associated with
mutual funds. The average stock fund investor has lost up to 3
percentage points of return every year to taxes.
(2) The average portfolio turnover rate for an actively
managed (nonindex) fund has increased from 30 percent 20 years
ago to almost 90 percent today, and average capital gains
distributions of growth funds, per share, have more than
doubled in the last 10 years.
(3) If a fund's performance is based mostly on short-term
gains, investors can lose a significant part of their return to
taxes.
(4) Performance figures that mutual funds generally
disclose to their shareholders are net of fees and expenses,
but not taxes, and therefore do not represent the impact taxes
have on an investor's return.
(5) This disclosure focuses on how much money investors
made before taxes, and not on how much money investors actually
got to keep.
(6) Improved disclosure of the effect of taxes on mutual
fund performance would allow shareholders to compare after-tax
returns to raw performance, and would permit the investors to
determine whether the fund manager tries to minimize tax
consequences for shareholders.
(7) While the mutual fund prospectus details the average
annual portfolio turnover rate, the prospectus may not
expressly inform shareholders about the impact the portfolio
turnover rate has on total returns.
SEC. 3. IMPROVEMENTS IN DISCLOSURE REQUIREMENTS.
Within 18 months after the date of the enactment of this Act, the
Securities and Exchange Commission shall revise regulations under the
Securities Act of 1933 and the Investment Company Act of 1940 to
require, consistent with the protection of investors and the public
interest, improved disclosure in investment company prospectuses or
annual reports of after-tax returns to investors.
Passed the House of Representatives April 3, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
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