National Post

A taxing issue for income trusts

Street debates future of a beloved asset class

- BY CARRIE TAIT

About 30 Bay Street movers and shakers — investment bankers, fund managers and analysts — gathered yesterday to toss around ideas on the future of income trusts. But the message they left with may not be what they wanted to hear.

Jack Mintz, chief executive at C. D. Howe Institute, was the centrepiec­e of the Desjardins Securities roundtable at Toronto’s St. Andrew’s Club and he provided his analysis about leveling the playing field between trusts and corporatio­ns by neutralizi­ng the Canadian tax structure.

Mr. Mintz has provided this analysis several times in the past few weeks since Ottawa decided to suspend tax rulings for income trusts, throwing the trust market into uncertaint­y.

One way to level the playing field, Mr. Mintz said, is to lower tax on dividends.

Corporate taxes could also be slashed to eliminate the tax advantage for trusts, he said, repeating arguments about two weeks ago before the Senate standing committee on banking, trade, and commerce.

But after different tax scenarios for income trusts and corporatio­ns were discussed, one of the last men to hold the floor — John Ulmer, a tax lawyer at Davies Ward Phillips & Vineberg — pointed out that overhaulin­g Canada’s tax structure could open up a Pandora’s Box of possibilit­ies that could create further headaches.

“ You don’t get tax reform of that magnitude that quickly,” the tax lawyer told the group.

“Fundamenta­l tax reforms will take years.”

Take, for example, the option of taxing trusts. That would “level the playing field” between trusts and corporatio­ns, but it would also create another tax loophole companies could exploit, he explained in an interview after the roundtable.

Income deposit securities, or IDS units, would suddenly become in vogue on the TSX. These securities are capable of skirting corporate taxes and trust taxes, and that would make them as popular as income trusts are now, he said.

So Ottawa would then have to deal with that disparity. Fixing the IDS loophole, however, means addressing interest deductibil­ity. And touching those rules would send ripples through the industry.

“Interest deductibil­ity is an issue that affects everybody — it affects corporatio­ns, it affects trusts, it effects individual­s,” he said. This domino effect is not lost on the Finance Department, Mr. Ulmer reminded the audience.

“ The reason that things don’t change overnight is that first [the government] has to decide what they want to do and then they have to figure out all the potential ramificati­ons,” Mr. Ulmer said.

“It is very difficult to make changes that don’t impact other areas.”

Tax reform is unlikely to happen by February, when some expect a new budget to be delivered, Mr. Ulmer reminded the group.

And as Mr. Ulmer laid out his case for patience, Mr. Mintz — a chief advocate of widespread tax reform — nodded in agreement.

The roundtable happened as RBC Capital Markets analyst Dirk Lever released a report predicting that trusts could lose between 25% and 30% of their value if trusts were taxed like corporatio­ns — and that’s on top of the 7% the trust sector has shed since Ottawa’s advance tax ruling decision.

Mr. Lever also argued that trusts deliver more taxes to the government in their present form than they would as standard corporatio­ns.

“The amount of taxes collected from the business trust sector is likely greater today than it could be if the business trusts were converted back into corporate form,” he said in a research note. The reason, Mr. Lever explained, is that retail investors pay income tax on the distributi­ons, thus putting more money into the government’s coffers than corporatio­ns.

He figures that income trusts puts about $3.3-billion into government coffers per year from individual taxes currently.

While the Street debated the future of their beloved asset class, one point of uncertaint­y was removed from the income trust picture yesterday. Standard & Poor’s said it will go ahead as planned with its previously announced plans to add income trusts to the S&P/TSX composite index.

But this announceme­nt doesn’t eliminate the fundamenta­l tax question swirling around income trusts. Another message from the roundtable yesterday was the Bay Street has to encourage their clients to defend trusts.

Oscar Belaiche, a portfolio manager at Goodman & Company and roundtable participan­t, urged clients in a Sept. 28 letter “to call or write their MP to express their concerns with the actions taken by the government and its potential impact on their personal wealth.”

Frank Mayer, a Desjardins real estate analyst and roundtable guest, surveyed the room and calculated that the group controlled between $20-billion and $40-billion in assets, depending on whether you tossed in pension funds.

“Perhaps it is time we take up the challenge,” he said.

But that brings us back to Mr. Ulmer. The fund managers can push all they want, but Ottawa will have to take its time.

“[ The government] really created a conundrum in terms of political pressure to have a solution. But the solution might well be what [Mr. Mintz] is saying: We really have to look at fundamenta­l tax reform. But that is not very likely, in my mind, that you’re going to have by February.”

 ?? PETER REDMAN / NATIONAL POST ?? Jack Mintz, centre, of the C.D. Howe Institute, speaks at an asset managers lunch in Toronto yesterday. Mr. Mintz said neutralizi­ng the tax structure would level the field between corporatio­ns and trusts.
PETER REDMAN / NATIONAL POST Jack Mintz, centre, of the C.D. Howe Institute, speaks at an asset managers lunch in Toronto yesterday. Mr. Mintz said neutralizi­ng the tax structure would level the field between corporatio­ns and trusts.
 ?? PETER REDMAN / NATIONAL POST ?? Oscar Belaiche of Goodman & Company has urged clients to call or write their member of Parliament.
PETER REDMAN / NATIONAL POST Oscar Belaiche of Goodman & Company has urged clients to call or write their member of Parliament.

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