Saturday, October 20, 2007

Letters to Editor: Betrayal not forgotten

Looks like Mr. Harper is spoiling for an election, money is starting to flow to all kinds of causes, and he even let the press talk to him and it wasn’t scripted. I’m sure all kinds of promises will be made, just as before the last election.

The first anniversary of what has been the cruelest act of any Canadian government to its seniors, who he encouraged to invest for yield, is on Oct. 31. “Don’t forget, don’t forget,” he said before the last election. Don’t forget the Liberals were going to tax income trusts. Don’t forget we will never let that happen. We will never raid seniors hard earned money.

Well, guess what? He lied. Betraying seniors meant nothing to the Conservatives once they had what they wanted. This was just one of the many broken promises the Conservatives made.

Accountability means nothing to them, patronage appointments number in the hundreds. His own pension fund is one of the beneficiaries of the attack on seniors with no pensions. Their friend, Manulife, has gained the most from the broken promise; days after the betrayal they popped up with Income Plus. Coincidence? Hardly.

Let us, the voters, not forget broken promises and betrayal. Mr. Dion has been chastised by the press for not being strong but he has not lied to me. I know where my vote is going.

CAREY TURNER
Source: The Lethbridge Herald

Related:
Stephen Harper - Promises Made 1
Stephen Harper - Promises Made 2

Friday, October 19, 2007

Stephen Harper lays his trap

op·por·tun·ist

One who takes advantage of any opportunity to achieve an end, often with no regard for principles or consequences.

The Free Dictionary



Questioning income trusts puts seniors at risk

Stephen Harper
National Post

Wednesday, October 26, 2005

On September 19 [2005], the Prime Minister acted recklessly when he ordered his Finance Minister, Ralph Goodale, to wade into the income-trust market like a proverbial bull in a china shop. On that day, investors were put on notice that their popular income trusts were going to be targeted by a Liberal government seeking higher tax revenues from companies and investors.

Martin's reckless action has caused uncertainty over the future of income trusts, and so has wiped out billions of dollars in market capitalization from Canadian companies and tens of thousands of dollars from the retirement nest eggs of individual investors. Most notable was the damage done to Canadian seniors who may not have the time to recoup their losses.

One couple e-mailed my party to complain that the uncertainty around income trusts caused by the Liberals' announcement trimmed $30,000 from their retirement portfolio in a single day. Another man wrote to tell us that he had lost 15% from his his portfolio.

Many seniors feel the government is putting their retirement at risk and have let Ottawa know. In a letter to the Finance Minister, the Canadian Association of Retired Persons said, "Seniors are actually enraged, frightened and panicked about potentially losing retirement savings that they count on for the essentials of daily living."

Income trusts are popular with seniors because they provide regular payments that are used by many to cover the costs of groceries, heating bills and medicine. They also provide tax relief from a government that is addicted to taking too much money from their pockets and spending it without care, and very often without meaningful results.

So one must ask, why is the government clamping down on the retirement savings of seniors and investors?

But it gets worse. Instead of immediately moving to assure markets that income trusts are here to stay, the Liberals are justifying their actions in the coldest political terms. As one government member was quoted in the media as saying about income trust investors, "They have no constituency. They don't count politically."

That kind of arrogance cannot go unanswered. There is just no justification for what amounts to a Liberal government attack on investors, and especially on seniors.

The government continues to overtax Canadians and run multi-billion dollar surpluses, yet their first instinct is to attack an investment vehicle that can make the difference between bare survival and a dignified retirement for millions of Canadians.

The government claims that income trusts enjoy an unfair tax advantage over corporate dividends. If they believe this, then the answer is not to shut down a valuable investment vehicle, but to cut the double taxation of dividends. In short, level the playing field and let the market decide between income trusts and dividend-paying companies.

As my party's finance critic, Monte Solberg, says, the success of income trusts represents a rare triumph for investors over the tax man. Let's not be so naive as to assume that the Liberals will do the right thing to protect taxpayers. We'll need to fight hard to keep what we have, and even harder to gain ground.

It's time to stand up to Paul Martin and stop his attack on seniors and investors. Source: National Post

Related:
Stephen Harper - Promises Made 1
Stephen Harper - Promises Made 2

Thursday, October 18, 2007

Energy Trust Takeover Keeps Canada's Conservatives in Tough Spot

Yet another round of his ongoing royalty trust blunder was played by Canadian Prime Minister Stephen Harper this week as he stated any protectionist legislation regarding royalty trust acquisitions by foreign buyers would be put off until next year.

Because last year's bombshell that Canada would change the way it treated royalty trusts was fraught with political risks, not only did the ruling Conservatives pull it off with surprising ease, they've dodged all the bullets since. This latest one, however-- the announced takeover of PrimeWest Energy Trust (PWI) by Abu Dhabi's national oil company-- may be a tougher bullet to dodge. Here's a quick summary of the big royalty trust political events of the last year, capping with the latest:

1) Late last year-on Halloween, fittingly-the minority Conservative government in Canada announced a plan to prohibit the creation of any new royalty trusts and to force all existing trusts to convert to normal corporations by 2011, a 180-degree reversal from every promise it made on the topic, both pre- and post-election.

  • The Political Risk: barely a year earlier, in late 2005, the then-ruling Liberal government simply floated the idea of changing the tax status of royalty trusts and voters revolted, particularly retirees who relied on the hefty dividends the royalty trusts paid. In fact, it became one of the key issues which toppled the tenuous ruling coalition and helped to sweep Conservatives into power for the first time in 15 years.
  • The Political Solution: when the time came for the Conservatives to go back on their word in late 2006, they didn't just float an idea-they had a plan. That strategy consisted of well-crafted baubles for senior citizens, tax breaks for the retirement set carefully planned to mute the uproar that would have been expected. The plan worked; while CARP (Canada's AARP) eventually came out against the proposal, its reaction was slow and half-hearted, due in part to its happiness with income splitting and other tax goodies they were given.

2) The next big challenge was the budget process in the Spring of 2007, during which the Conservatives needed to pass the "Tax Fairness Plan" that contained the royalty trust tax change they had proposed months before.

  • The Political Risk: because the budget process is by definition a confidence measure in Canada's parliamentary system, the government can fall and new national elections can result if an officially tabled budget doesn't pass. Being a minority ruling coalition (Conservatives have the most seats in parliament but not a majority of them), the Conservatives need the votes of at least one of the minority parties in order to pass its budget and avoid national elections.
  • The Political Solution: Conservatives bought the votes they needed from the Bloc Quebec, which received a huge package of tax transfers from other Canadian provinces in return for their support of the budget. Thus, the Halloween proposal became enacted law.

3) Finally, the announcement on September 24th that TAQA, the Abu Dhabi national energy company, would be acquiring PrimeWest Energy Trust posed yet another challenge for the Conservatives.

  • The Political Problem: shortly after the Conservatives announced their proposed change to the royalty trusts and the stocks got clobbered as a result, energy trust CEOs warned that they had been made sitting ducks for acquisition by foreign buyers. At the time, Finance Minister Flaherty brushed off the claims as self-serving propaganda on the part of the energy trust CEOs who opposed the tax change proposal, but TAQA's bid for PrimeWest-at a 30% premium-proved the trust CEOs correct. The Conservatives' tax law change had perhaps set the stage for the selling of Canada's vital natural resources to foreign buyers.
  • The Political Solution: this one clearly has the Conservatives in a quandary. At first, Prime Minister Harper reacted swiftly, using the Middle-Eastern origin of the buyer to float the idea of blocking the deal on national security grounds. However, this deal was TAQA's 3rd takeover of the year in Canada, and one of those purchases has already closed; if it wasn't a national security issue then, why would it be now? Since that wouldn't make sense, he then backed off and said such protectionist legislation would be coming soon, but that the TAQA deal would be reviewed based on existing laws, preserving its ability to complete the PrimeWest deal. Even this solution wasn't ideal however, as it would keep the topic of the TAQA deal in the news, reminding Canadians that the energy trusts were indeed trading at fire-sale prices as a direct result of the change in their tax status.

Ultimately, there has been no political solution to the PrimeWest takeover, and this week's announcement by Canada's Conservatives that no such national security takeover legislation would be crafted until next year shows clearly they don't quite know how to make this problem go away. They must be hoping the topic will die down, that they'll have time to quietly pass such legislation at some point in the future.

Will this work? Maybe, but the fact still remains that the TAQA takeover of PrimeWest signaled clearly that Canadian energy trust assets are very inexpensive. In reality, a foreign acquirer might actually step up any similar plans in hopes of getting a deal done now, before any new legislation that would block such foreign buyers is tabled next year.

Regardless, the royalty trust tax change was a huge mistake, and the lack of any clever political play in the aftermath of the PrimeWest takeover shows that Harper, Flaherty and their team will have an increasingly difficult time covering up that fact.

Note: click here to listen to my podcast interview with Roger Conrad about current energy trust valuations in general and the PrimeWest takeover, in particular.

Disclosure: Author has a long position in PWI

Source: Seeking Alpha

MP Paul Szabo (Mississauga South, Lib.) presents petition to House of Commons

Excerpt from October 17th Hansard:

Mr. Speaker, pursuant to Standing Order 36, I am pleased to present a petition on the income trust broken promise, on behalf of Mrs. Gina Palmer of Calgary, Alberta, who remembers the Prime Minister boasting about his apparent commitment to accountability when he said “the greatest fraud is a promise not kept”.

The petitioners remind the Prime Minister that he had promised never to tax income trusts, but he recklessly broke that promise by imposing a 31.5% punitive tax, which permanently wiped out $25 billion from hard-earned retirement savings from over two million Canadians, particularly seniors.

The petitioners therefore call upon the Conservative minority government to: first, admit that the decision to tax income trusts was based on flawed methodology and incorrect assumptions; second, to apologize to those who were unfairly harmed by this broken promise; and finally, to repeal the 31.5% punitive tax.
Paul Szabo, House of Commons, October 17/2007

Related:
Member of Parliament Profile (Current) - Paul Szabo
Stephen Harper on Accountability - Election 2006

Wednesday, October 17, 2007

Creating a Canadian Corporate Advantage - Dion speech to the Economic Club of Toronto

Excerpt from Oct 12 Speech:

Our fourth priority for the Speech from the Throne is a plan to create a strong Canadian economy. And…surprise, surprise that is what I want to talk to you about today, here at the Economic Club of Toronto. How to generate more investment, higher living standards, and good jobs for ourselves and our children. I want to thank the Economic Club for giving me the opportunity to talk about this issue.

We need this plan, especially given the fact that the Harper government has done more harm than good to Canada’s competitive position.

They are in the process of squandering $12 billion per year to pay for their two point cut in the GST, money that could otherwise have been used far more productively.

Their original interest deductibility proposal was a frontal attack on the competitiveness of Canadian companies and denounced as the worst tax policy in 35 years. As reported in the press yesterday, their new version of interest deductibility will still cost Canadian companies billions and will serve mainly to enrich foreign governments. It is beyond belief. The Prime Minister has not listened to common sense. It is not too late for him to do so.

We expect the Speech from the Throne to address economic measures including infrastructure, post secondary education, research and development, the manufacturing sector, labour market shortages and middle class tax relief.

But today, I want to talk about an important policy I believe Canada needs to create more investment. To create rising living standards. To create the jobs of tomorrow in the Canada of today. To create a competitive tax system. To create a Canadian corporate advantage.

I am talking about the necessity to further reduce the federal corporate tax rate, deeper than has been already announced.

The previous Liberal government reduced the federal corporate tax rate from 28% to 19%. The Conservatives took the “bold step” of going further…to 18.5% in 2011. I would go deeper than that and I will tell you why.

My conviction that corporate tax cuts must be on Canada’s economic agenda has been strengthened by a process of consultation with parliamentary colleagues, workers and Canadians who want better jobs for themselves and their children. I am convinced that a further reduction in the corporate tax rate cut is the right thing to do.

My conviction has been reinforced by what I have heard from experts and business leaders at round tables and other forums across the country. I am thinking in particular of the outstanding Montreal conference of September 10th where experts and business leaders seemed to speak with one voice – but in both official languages! - a lower corporate tax rate is a powerful weapon in the federal government’s arsenal to generate more investment, higher living standards and better jobs.

It is true that business leaders I have spoken to have also called for an extension of the Accelerated Capital Cost Allowance for manufacturing and processing industries. This is especially true with a Canadian dollar at par. It has never been more affordable for Canadian businesses to invest in new machinery and equipment. But today I will focus on the corporate tax.

I will give you three reasons why we must deepen the cuts to the corporate tax rate. It is a good economic policy as such within the Canadian economy. Second, it will help us compete with other countries. Third, it will strengthen our economic sovereignty. Let’s develop these three points.

It is a good policy for an economy like Canada’s. Why? Because living standards are driven mainly by productivity. Productivity is driven mainly by investment. How, for the sake of good jobs and rising living standards, can we encourage Canadian companies to increase their investments?

The answer is simple. If you lower the corporate tax rate, you lower the cost of capital for Canadian companies. Therefore, these companies are induced to spend more on capital equipment.

It is important for Canada to increase capital spending. Right now we are not doing very well. In fact, Canadian companies invest $1600 per worker less than US firms and $700 per worker less than the OECD average.

This brings me to my second point, competing with other countries. Today the Canadian dollar is at around par with the United States. A low Canadian dollar was at best a mixed blessing, but it did create a competitive advantage for our exports and an inducement for companies to locate in this country. How, for the sake of good jobs and rising living standards, can we create a new Canadian advantage that relies on something other than a weak currency?

By now it is clear that my answer is to create a new Canadian advantage based on a lower corporate tax rate.

Some may question why Canada needs a specific advantage to win in global competition. The answer is that every country seeks an advantage and that Canada especially needs one given the fact that our neighbour is the world’s largest economy.

As a destination for investment in North America, Canada is not top of mind. As the world’s only superpower, the United States is always top of mind. So we need a big hook to snare investment, including Canadian investment, that might otherwise go south of the border.

We already have some good arguments for investing in Canada – for example, our skilled work force, our internationally respected status as a nation, our successful multicultural and bilingual society. But corporations are oriented to the bottom line, and one of my biggest hooks as a future Prime Minister would go straight to the bottom line: come to Canada and you pay a much lower corporate tax than in the United States.

How would the United States react to this Canadian advantage? It could after all match Canada’s corporate tax reduction. But here’s a case where Canada’s small size is an advantage. If Canada creates a big corporate tax gap vis a vis the United States, there is unlikely to be any reaction south of the border. We’re under the US radar screen because we’re small.

My third and final argument for a lower corporate tax rate is that it would strengthen Canadian companies against foreign takeover. We want our companies to be predators rather than prey. The best way to do that, for the sake of good head office jobs and other benefits, is to strengthen our companies by taxing them less. It lowers their cost of capital. It better equips them to take on the world.

To conclude, let me sum up the argument. A key competitive advantage for Canada used to be our weak currency. Now that our dollar is at par, and we have lost this weak currency advantage, a key advantage must be a competitive corporate tax rate.

A tax advantage is better than a weak currency advantage. I can’t think of a country that has succeeded on the basis of a weak currency. But I can name several countries, including Sweden, Denmark, and Ireland, that have done very well by creating a low corporate tax environment.

I would much rather be the Prime Minister of a country that grows investment and good jobs through a competitive tax regime than a country that aspires to greatness through a devalued currency.

Some will say that a cut in corporate taxes is a right wing policy. I’m sure my friend Jack Layton will say this. But to believe this is to believe that Sweden, with its low corporate tax rate, is the hot bed of neo-conservatism while the United States, with its very high corporate tax rate, is a socialist paradise – or to quote Stephen Harper when he described Canada – “a second tier socialistic country”. A low corporate tax rate is not a right wing policy or a left wing policy. It is a sound policy.

The world does not owe Canada a living. For a richer, fairer, greener Canada we need to create a Canadian corporate advantage. We need a more competitive Canada.


Read the complete speech

Tuesday, October 16, 2007

Conservatives signal foreign takeovers OK until next year

"The idea is to have something in the new year on the national security issue. Not this year," says Finance Minister Flaherty.
Source: Reuters

As if Canadian small investors in Royalty Trusts haven't been beaten down enough, the Conservatives signal foreign-owned entities that their money is still good in Canada, and Royalty Trusts can still be had at deep discounts if they move quickly.

The following chart study looks at two time periods of equal length.

The first period looks at 235 trading days prior to the October 31st, 2006 announcement. The second time period examines the period from October 31st, 2006 to October 15, 2007, also 235 trading days.

The difference in the 'before' and 'after' charts illustrate how government policy can distort markets and favor one set of market investors over another. The question is why? What advantage does the Conservative Income Trust policy have to Canadians? How does allowing foreign-owned entities buy Canadian assets from Canadian investors help the country in the long term?

Plainly put, why are foreign investors favored over Canadian investors? Foreign entities can structure deals to avoid Canadian corporate tax, domestic small investors cannot.

Before the October 31st, 2006 announcement the three energy indexes (blue, green and magenta lines) positively correlated the price of oil (red line). As the price of oil rose or fell, the indexes moved in the same direction.









Not so after the announcement. Not only did the TSX Energy trust index (green line) flatline, but the TSX energy index (non-Royalty Trust businesses - magenta line) also showed a slower rate of appreciation as the oil price increased. Why? Possibly uncertainty induced by a unpredictable Conservative government.

The market uncertainty doesn't exist in the United States where the S&P Energy index (blue line) continues to track the price of oil as it moves up.








Clearly the Conservative policy has failed to meet it's objective of stemming tax leakage if favored foreign investors can still avoid a Canadian corporate tax bill and Canadian investors cannot. The policy has destroyed Canadian small investor wealth and market confidence. And foreign investors have a green light to avoid the national security test if they act fast.

How is any of this good for Canadians?

Related:
Treating the symptoms. Two Jims in a Jam!
Trust Takeovers to October 1st, 2007
The environment has now turned quite good for Private Equity

Monday, October 15, 2007

Change in Trust taxation rules triggers sale of TransAlta Power, L.P.

TransAlta Power spokesman Michael Lawrence said the Cheung Kong deal was the best available for the unitholders after Ottawa's move to impose corporate tax rates on flow-through investment vehicles like TransAlta Power LP "required that we find an alternative business model, as that structure wouldn't be sustainable." Source: The Toronto Star




TransAlta Power, L.P. agrees to be acquired

CALGARY, ALBERTA--(Marketwire - Oct. 15, 2007) - TransAlta Power, L.P. (TransAlta Power) (TSX:TPW.UN) today announced it has entered into a support agreement (the Support Agreement) with Cheung Kong Infrastructure Holdings Limited (CKI), pursuant to which CKI has agreed to offer $8.38 in cash per unit (the Offer) to acquire all of the outstanding units of TransAlta Power. The purchase price under the Offer represents a 15.7 per cent premium over the closing trading price of the units on the TSX on October 12, 2007, the last trading day immediately prior to this announcement. The all-cash transaction is valued at approximately $629 million, excluding debt. Under certain circumstances, TransAlta Power has agreed to pay a non-completion fee of $17 million to CKI.

read the complete news release.

Sunday, October 14, 2007

Kurt Wulff on Primewest takeover bid

Excerpt from McDep Associates research report:

Political Irony in Tax “Fairness”

Investors know to run the other way when political leaders talk about the “fairness” of proposed changes. Canada’s minority government ended the royalty trust tax advantage after 2011 to stem an imagined loss of revenue. Instead the measure discriminates against individual investors who want to exercise some control over their retirement in favor of institutional investors who can use opaque techniques to avoid taxes.

In the current takeover, we understand from the Financial Post that the buyer may set up the purchase as a 100% loan and then make distributions as interest. Apparently, interest payments would not be subject to corporate tax or to withholding tax on payments to non-Canadian entities.


Read the complete McDep report

Harper and Layton’s made in Abu Dhabi policy of raiding seniors’ nest eggs



CLICK FOR FULL SIZE IMAGE

Friday, October 12, 2007

Harper's Happy Halloween leads to unhappy hollowing out and diminished futures for virtually all Canadians

Ottawa and Calgary events planned on October 31st

I want to bring to your attention two very important event based initiatives on the part of two CAITI members, who are seeking your involvement to assure its success.

In less than three weeks it will be Halloween 2007. The first anniversary of our misfortune at the hands of Stephen Harper. We probably all remember how and when we heard the news about Stephen Harper's broken promise to never tax trusts and to never raid seniors nest eggs. Turns out, never was short lived. Those were our nest eggs he happened to be raiding that particular evening and in the weeks and months ahead.

His reasons were dubious at the time, and have only become more dubious with the passage of time. Correction. His reasons have actually been proven to be baseless. Apart from the losses we have all experienced, Harper's actions are causing great harm to our country, its economic foundations, and its tax base. Of the 25 largest foreign takeovers in Canada over the course of the last 5 years, 7 are linked to the trust taxation. From a policy that has only been around for 11 months! Two of these deals really stand out.

The first is BCE. We all know that BCE and Telus and their announced plans to convert formed the sole rationale cited by Harper for the breaking of his promise. He said taxes would be lost. How was that even possible when neither BCE nor Telus were even paying corporate income taxes? Now BCE has been taken private under a mountain of debt by foreign private equity and a tax advantaged government sponsored pension plan. Why can they own what we can't and not be subjected to the same rules or even the same logic. How is that "leveling the playing field" How is that "tax fairness"? These parties are actively pushing us aside. Harper favours them to us. The net effect? The true irony? Canada will lose $793 million a year in taxes from BCE relative to it being an income trust. Harper has us in a race to the bottom.

Meanwhile we have a middle eastern oil company, Abu Dhabi Energy acquiring the undervalued Prime West Energy for $5 billion. We have foreign big oil buying up our energy trusts. More will soon follow This is a complete reversal of what trusts were able to accomplish over the past ten years, namely the repatriation of a large number of Canadian energy assets from foreign owners. Harper has turned that upside down. In the process, major taxes are being lost, as well as an essential investment choice and lost capital. In the end the price tag wil be $7.5 billion a year in lost taxes. Each and every year

All of this is to say, there is a rare opportunity near at hand to demonstrate your dissatisfaction with this grossly flawed policy. There are two events planned for Halloween by two very dedicated CAITI Members. David Marshall from Cornwall who is organizing a gathering in Ottawa, and Mike Beath who is organizing a gathering in his home town of Calgary. We can easily arrange to have these events covered by the media to heighten their effectiveness. Before doing so however, we have to assure ourselves that there will be sufficient attendees. For those attending the Ottawa gathering, David has arranged for all attendees to gain entry to the visitors gallery of Parliament to watch Question Period in person. It's quite the event, and Question Period in the House of Commons is the very center of Canadian politics. Transportation will be provided from Toronto to those wishing transportation, returning that same day. The departure point will be Yorkdale Shopping Mall, adjacent to Highway 401. For those wishing bus transportation, please let David know. To indicate your intention to participate, simply contact David or Mike at the co-ordinates below.

I am personally asking you to attend. I will be attending the Ottawa event. If there are other CAITI members who wish to organize similar events in their local areas, please let us know at contact@caiti.info and we will assist in getting the word out.

Many of you may not reside in close proximity to either Calgary, Ottawa or Toronto. In that case I would encourage you to ask a friend or relative who does, to attend in your place.

A strong attendance will provide physical evidence that neither we, nor this issue, are going away quietly and conveniently, which won't be lost on the media. Limited numbers will however convey the opposite message. Please strongly consider attending if at all possible.

Thank you very much,

Brent Fullard
President and CEO
Canadian Association of Income Trust Investors
www.caiti.info

647 505-2224 (cell)




Ottawa, Ontario: October 31 - Gathering and Question Period Attendance

  • Meet at the Justice Building on Wellington Street, rear of building, 12:30PM to 1:00PM
  • Arrive on Parliament Hill 1:00PM
  • Remembrance Gathering on Parliament Hill 1:00PM to 1:30PM
  • Attend House of Commons visitors gallery for Question Period entering at 1:30PM
Ottawa Event Co-ordinator:

David Marshall
phone: 613-938-0810
email:
grumpymarshall@sympatico.ca


Ottawa Meeting Place Map - click on blue placemark for further information




Calgary, Alberta: October 31- Gathering:

  • Meet at 2:00 PM.
Stephen Harper's Constituency Office
Suite A203, 1600 90th Ave. SW
On west side of Glenmore Landing Shopping Centre, which is on northwest of 14th St
Calgary Event Co-ordinator:

Bruce Benson
phone: 403-285-8491
email:
BruceBenson@shaw.ca


Calgary Meeting Place Map - click on blue placemark for further information