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  5. BYD.UN: Hi 5i. [Boyd Group Income Fund]
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Q: Hi 5i. I was wondering if you or other members can provide insight on the following tax issue.

I bought Boyd Group Income fund in 2015 ($49/share) in my BMO InvestorLine account. When it converted to a corporation on Jan 1, 2020, my understanding was that it triggered a capital gains event at the conversion price of $202 and that I would have to declare this gain and pay taxes on it in 2020 even if I did not actually sell any of my shares. So I did this, even though I retain all my shares to date.

My issue is that for the 2020 tax year, I did not receive any documentation of the conversion in any brokerage trading summary document or issued T5008 slips, and my investment account still shows the original Cost value of $49.

I called CRA as I was concerned that when I eventually sell the Boyd Group Services shares in the future, the T5008 slip would reflect the original cost value and CRA will claim I need to once again pay capital gains taxes based on the original $49 instead of $202/share.

What CRA told me basically confirmed what I was afraid of -- that is, their assessment will be based purely on information issued on the brokerage T5008 slips and that the cost value would most likely reflect the original $49 share price rather than $202. So I may either have to pay these capital gains taxes again when I do sell, or get reassessed and get a notice saying I owe the CRA additional taxes if I use $202 as the new cost base and deal with the consequences.

Iím wondering if you have any thoughts on this. Also, if any of your other members are in a similar situation, having already paid taxes on this conversion while still holding on to their original Boyd Group services shares and if so, what they did or intend to do.

Many thanks, Ben

Asked by Benjamin on October 15, 2021
5i Research Answer:

We will post this for some Member comments. Personally (Peter) we went through something similar in the mid-2000s. CI Financial converted to an income trust, which was a taxable event. We paid taxes even though no shares were sold. But when shares were sold eventually the new cost base as allowed by the CRA. We are not tax experts but documentation of the prior tax paid and an explanatory note with filing may help here. One may also be able to get the broker to adjust the ACB.