A fund with over 25% of its assets invested in Master Limited Partnerships (MLPs) does not qualify as a Regulated Investment Company (RIC) and instead, is structured as a ‘C-Corporation’ (C-Corp). As a result, these funds, which include ETFs, Mutual Funds, and Closed End Funds, must accrue corporate level taxes on the appreciation of the fund’s holdings. As the fund accrues a ‘tax liability’ in a bull market, the performance of the investment vehicle will lag its underlying components.
Should the market turn negative after a bull market, a fund can use its tax liability to offset future losses in the fund, providing a buffer on the way down. The buffer only works, however, if the fund has already accrued a tax liability from prior market appreciation.
If the fund is new, or has already exhausted its tax liability from a sustained bear market, the fund’s performance will begin to trade in-line with its index on the way down. Because the fund’s future performance is influenced by whether or not it has previously accrued a tax liability, returns are considered path dependent.
If the fund does not have a tax liability and continues to fall, it will accrue a ‘tax asset’ which can be used to offset future gains until the asset is exhausted. This means that the fund will trade in-line with the index on downward movements, and in-line on upward movements, until the tax asset reaches zero. Beyond this ‘zero’ point, upwards movements will result in the fund accruing a tax liability, and the fund will experience tax drag.
Future performance of an MLP fund can depend on its previous price movements, which determine whether it has a tax asset, a tax liability, or is at its ‘zero’ point.
All else being equal, an investor that is bullish on the MLP space would prefer to own an MLP index fund with a greater tax asset as a percentage of the fund’s total assets. A greater tax asset results in higher upside potential in a future bull market compared to a fund with a lesser tax asset, a fund at its zero point, or a fund with a tax liability.