National Post

Income trust conversion rate not likely to slow

- BY DUNCAN MAVIN

Ottawa’s decision to postpone advance tax rulings on income trust conversion­s has left management and investors scrambling for clues regarding the government’s income trust intentions.

But Monday’s announceme­nt is unlikely to stop the flood of corporatio­ns looking to convert, say corporate tax specialist­s and accountant­s. “In my mind, I think [suspending the advance tax ruling service] spooked people because it is a signal the government isn’t as friendly on these things as they once were,” said a senior tax specialist with a large accountanc­y firm.

The government is currently considerin­g a range of measures to put the brakes on trust conversion and the accompanyi­ng tax leakage. These could include applying the same tax rules to trusts as corporatio­ns; limiting the amount of interest expense trusts can deduct from earnings; or, in the most extreme scenario, an overhaul of the tax system to neutralize difference­s between personal and corporate rates. However, most observers agree that any proposals would involve “grandfathe­ring” provisions to protect existing trusts.

The Canada Revenue Agency service of providing tax rulings, which was suspended indefinite­ly on Monday, involves the issuance of written statements regarding tax treatment for certain transactio­ns proposed by companies. However, companies are not legally required to seek advance rulings and CRA is not legally required to provide them and have dozens of precedents already trading in the market.

“In the vast majority of cases, nobody even approaches CRA before launching an income trust,” said a tax specialist with one of Canada’s leading investment banks. He explained that companies usually only seek an advance ruling for an income trust conversion when there are significan­t large shareholde­rs who will benefit from an unusual transactio­n.

Otherwise, corporatio­ns ask for advance rulings when they want the market to view their transactio­n as watertight, he said.

Financial Post dmavin@ Nationalpo­st. com

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