Calgary Herald | 08May2009 | Dan Healing
The Pipeline

Critic says taxing trusts will cost feds billions

The federal government is looking at a massive drop in its corporate tax revenue in 2010, figures Scott Saxberg, president and chief executive of Calgary-based Crescent Point Energy Trust, because of its decision in 2006 to change tax laws for energy trusts.

The company is in the process of converting to a corporation because it has reached the end of the federally regulated "safe harbour" growth limitations.

It's converting about 18 months ahead of Jan. 01, 2011, when trusts start being taxed similar to corporations. Trusts pay out most of their cash to unitholders, who pay taxes on the distributions the receive as income.

Saxberg said he's met with Finance Minister Jim Flaherty to warn of the impending shortfall and suggest solutions but to no avail.

"The government right now, and this is what we walked through with them, they're going to lose probably $5 billion worth of tax revenue in 2011 when all of the trusts convert over to corporations," he said.

"(The oil and gas companies) are either going to cut their dividends or their distributions. We kept it so we're one of the unique guys, but we're going to use our tax pools now and not pay taxes by using up our tax pools. . . Most of the oil and gas companies will use up their tax pools."

Tax pools, made up of undepreciated capital cost balances and unclaimed losses, are considered assets of the company because they can be used as credits to offset future taxable income. Many trusts have large accumulated pools.

"On top of that," says Saxberg, "there's the difference between what corporations pay, at max, probably a 15 per cent tax, whereas individuals will pay on the max side 40 per cent, so there's a huge difference in the revenue the government will get."

Crescent Point plans to maintain its payouts after conversion in July, although they will be called dividends instead of distributions.

And dividends get special tax treatment.

"Individuals only pay 20 per cent on their dividends, versus 40 per cent (maximum, on distributions), so there's a significant revenue difference. We hand out 23 cents a month, in distributions and normally you'd get 14 cents after tax. Now, as a corp, you'll get 20 cents after tax."

"So that six cents would have gone to the government but now it goes to the individual."

Saxberg has been a vocal opponent of the Conservatives' decision in 2006 to tax energy trusts, in spite of the government's decision since then to allow conversions to corporations without the usual costs.

It's worth remembering the changes affecting royalty trusts were introduced by Flaherty in October 2006 because he said the trust model was costing the country about $500 million annually in lost tax revenue.

If Saxberg is right, the cost in the short term could be considerably more.

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Dan Healing, [email protected]