| Canadian
Individual Unitholders:
For
the 2007 taxation year, the treatment of distributions is
100% return on capital (taxable income).
For
purposes of the Canadian Income Tax Act, the Trust is a mutual
fund trust. Each year, an income tax return is filed by the
Trust with the taxable income allocated to and taxable in
the hands of unitholders. Distributions paid by the Trust
can be both a return of capital (i.e. a repayment of a portion
of the investment) and a return on capital (i.e. income).
Each
year the taxable income portion or return on capital, is calculated
and reported in the Trust’s T3 return and allocated
to each unitholder who received distributions for that taxation
year and reported in Box 26 ‘Other income’ on
the T3 Supplementary forms, which are mailed to unitholders
before March 31st in accordance with regulatory requirements.
Registered unitholders will receive a T3 Supplementary form
directly from the Trust’s transfer agent, Computershare
Trust Company of Canada. Beneficial unitholders will receive
a T3 Supplementary form from their broker or other intermediary.
The T3 slip will report both the taxable and non-taxable income
components of their distributions. The tax deferred, or return
of capital component of distributions which is reported in
Box 42 “Amount Resulting in Cost Base Adjustment”
reduces the unitholder’s adjusted cost base of trust
units.
Unitholders
who hold their investment in a Registered Retirement Savings
Plan, Registered Retirement Income Fund, Deferred Profit Sharing
Plan or Registered Education Savings Plan need not report
any income related to trust unit distributions on their 2007
income tax return.
The
following table sets out the allocation of the Canadian 2007
monthly distributions:
| Payment
Date |
Record
Date |
Total
Distribution |
Tax
Deferred Amount |
Taxable
Amount (Income) |
Feb
15/07 |
Jan
31/07 |
0.17000 |
0.00000 |
0.17000 |
Mar
15/07 |
Feb
28/07 |
0.17000 |
0.00000 |
0.17000 |
Apr
13/07 |
Mar
30/07 |
0.17000 |
0.00000 |
0.17000 |
May
15/07 |
Apr
30/07 |
0.17000 |
0.00000 |
0.17000 |
Jun
15/07 |
May
31/07 |
0.17000 |
0.00000 |
0.17000 |
Jul
13/07 |
Jun
29/07 |
0.17000 |
0.00000 |
0.17000 |
Aug
15/07 |
Jul
31/07 |
0.17000 |
0.00000 |
0.17000 |
Sep
14/07 |
Aug
31/07 |
0.17000 |
0.00000 |
0.17000 |
Oct
15/07 |
Sep
28/07 |
0.17000 |
0.00000 |
0.17000 |
Nov
15/07 |
Oct
31/07 |
0.17000 |
0.00000 |
0.17000 |
Dec
14/07 |
Nov
30/07 |
0.17000 |
0.00000 |
0.17000 |
Jan
15/08 |
Dec
31/07 |
0.19000 |
0.00000 |
0.19000 |
| |
|
|
|
2.06 |
United
States Individual Unitholders:
We
believe the Trust should be treated as a qualified corporation
and the units are equity for United States tax purposes. The
Trust has calculated that 100% of the distributions paid in
2007 are dividends that are “Qualifying Dividends”.
The taxability of distributions for US purposes is calculated
using U.S. tax rules. The taxable portion of the monthly distribution
is determined annually by the Trust based upon 2007 current
and accumulated earnings in accordance with U.S. tax law.
Unitholders
who are not residents of Canada for income tax purposes are
encouraged to seek advice from a qualified tax advisor in
the country of residence for the tax treatment of distributions.
Monthly distributions payable to non-residents of Canada are
normally subject to a withholding tax of 25% as prescribed
by the Income Tax Act of Canada. This withholding tax may
be reduced in accordance with reciprocal tax treaties, and
in the case of the Tax Treaty between Canada and the United
States, the withholding tax for residents of the United States
is prescribed at 15%. U.S. taxpayers may be eligible for a
foreign tax credit with respect to the Canadian withholding
taxes paid. Information regarding the amount of Canadian tax
withheld in 2007 should be available through your broker or
other intermediary and is not provided by Vermilion.
Investors
should consult their brokers and tax advisors to ensure that
the information presented here is accurately reflected on
their tax returns.
Summary:
The
information is not meant to be an exhaustive discussion of
all possible income tax considerations, but a general guideline
and is not intended to be legal or tax advice to any particular
holder or potential holder of Vermilion trust units. Holders
or potential holders of trust units should consult their own
income tax advisors as to the particular income tax consequences
of holding the trust units.
Adjusted
Cost Base ("ACB") Reduction:
The Adjusted Cost Base is used in calculating capital gains
or losses on the disposition of Trust Units held as capital
property by a unitholder. As set out in the Tax History section,
the ACB of each Trust Unit is reduced by the portion of distributions
received, which is not reported on the T3 slip. If a taxpayer's
ACB is less than zero, the negative amount is deemed the individuals
capital gain, and the ACB is deemed to be nil. The capital
gain must be reported on Schedule 3 of your T1 return.
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