The Canadian Association of Income Funds (CAIF) has welcomed the release of
proposed legislative amendments by the Department of Finance which has provided
guidance on the rules of conversion for income trusts.
"This is something the industry has been pushing for the better part
of a year in public testimony and private discussions," commented George
Kesteven, Chairman of CAIF, in reaction to the government's announcement earlier
this week.
"The guidelines for conversion and the details contained in (the) announcement
are complex and have been a long-time coming. We intend to analyze the legislative
amendments fully to ensure they are providing the information necessary for
our members to make informed decisions," he added.
Minister of Finance Jim Flaherty announced on Monday that draft legislative
proposals have been brought forward regarding new income tax rules to facilitate
the conversion of specified investment flow through (SIFT) trusts into corporations.
Flaherty stated that the rules reflect the government’s commitment to
ensure that existing SIFTs can choose to reorganize as corporations "without
undue tax effects."
"We are guardedly optimistic that these guidelines will provide income
trusts with the clarity they so desperately need to make structural decisions
going forward," Kesteven continued.
"For income trusts wishing to consider conversion, this should assist
in determining how best to serve both their unitholders and management,"
he concluded.
On 31st October 2006, Flaherty announced that income trusts would have to pay
a new tax in order to stem a "growing trend toward corporate tax avoidance"
caused by the vehicle's more favourable tax treatment compared with the conventional
company structure.
Trusts that had converted before this announcement have until 2011 to adjust
to the new rules. However, conversions undertaken after the announcement immediately
fell into the new tax regime, causing uproar in the business and investment
sector, which complained that the new rules had been devised without consultation
and had thrown well-advanced corporate reorganisation plans into chaos.