the reduced ACB results in higher capital
gain (or lower capital loss) when units are sold
if the ACB is reduced below zero, the
negative amount is reported as a capital gain, and the ACB is
reset to zero.
The tax treatment of cash distributions are reported to
unitholders on T3 slips, which must be mailed by March 31 each year.
The percentages allocated to each type of income may vary over time.
The history of taxable distributions can usually be found on the
website of an income trust.
New tax rules: On October
31, 2006 the federal government announced new rules for the taxation of
"specified investment flow-throughs", or SIFTs. SIFTs will
generally include publicly-traded income trusts, as well as publicly traded
partnerships holding significant investments in Canadian properties. These
changes will apply in the 2007 tax year for income trusts that begin trading
publicly after October 2006, but will not apply until 2011 for income trusts
that were traded publicly prior to November 2006.
Under old rules, when calculating taxable income, income
trusts could deduct the income and capital gains paid to unitholders. Any
remaining taxable income was taxed at the highest personal tax rate of 29%, plus
applicable provincial taxes.
Under the new rules, SIFT trusts will not be able to
deduct most of these amounts (non-portfolio earnings). However, the tax
rate that is applied to the "distributed non-portfolio earnings of a SIFT
trust" will be reduced to a rate equivalent to the corporate tax rate (21%
in 2007), plus 13% for provincial taxes. The distributed non-portfolio
earnings of the SIFT trust will be taxed in the hands of investors as Canadian
dividends eligible for the enhanced dividend tax credit.
Undistributed taxable income of a SIFT trust will still be
taxed at the old rates.
Return of capital (ROC) treatment will not change -
distributions of ROC are not deductible to the trust, and not taxable when
received by investors. The ROC amounts reduce the cost basis of the
investor's holdings of the trust.
Tax tip: Whether to
hold income trusts inside or outside a registered
account depends on the make-up of the cash
distributions. If they are mostly interest, they
should be inside a registered account. If they are
mostly Canadian dividends, capital gains, or return of
capital, they should be outside.
We do not recommend income trusts for the novice
investor, because:
the majority of them are small companies, which are
riskier than large companies
many are in the resource sector, which is more
volatile than other sectors
they pay out most or all of their earnings, leaving
little or nothing to grow the company
the bookkeeping can be complicated
many are run by management companies which are well
paid and may get large bonuses based on factors not influenced by their
management ability.
The information on this site is not intended to be a
substitute for professional advice. Each person's situation differs, and
a professional advisor can assist you in using the information on this web
site to your best advantage.
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