Halloween Massacre

Halloween Massacre

Investopedia / Zoe Hansen

What Was the Halloween Massacre?

The Halloween Massacre refers to the Canadian government’s 2006 decision to tax all income trusts domiciled in Canada. On Halloween, Oct. 31, 2006, Canada’s then-minister of finance, Jim Flaherty, announced that all income trusts would be taxed similarly to corporations at a rate of over 30% on taxable income, causing unitholders’ values to decrease dramatically virtually overnight.

Income trusts—which were permitted to make distributions to unitholders on a pretax basis under previous Canadian income tax laws—were a popular investment vehicle in the early 2000s, especially in Canada. The Canadian energy sector was hardest hit by the change, suffering an estimated loss of about 17.85% in value (about $35 billion) to investors over the 10 days following the announcement, giving rise to the term “massacre.”

Key Takeaways

  • The Halloween Massacre refers to the Canadian government’s October 2006 decision to tax all Canadian income trusts in a similar manner as corporations.
  • The tax rate levied was more than 30%, a shock to many trustors.
  • The change was made to compensate for a perceived loss in tax revenue, and it caused an immediate drop of 12% in the value of Canadian income trusts.

Understanding Canadian Income Trusts

A Canadian income trust is an investment fund that holds income-producing assets and distributes payments to unitholders, or shareholders, on a regular basis. Distributions are usually made quarterly or monthly. A Canadian income trust must distribute a minimum of 90% of its net cash flows. Tax advantages to investing in a Canadian income trust include advantages to both the investor and the entity itself.

The investor receives a portion of the periodic payment as an untaxed return of capital and a portion as a taxable distribution. The trust distributes most of its cash to unitholders, leaving little to be retained by the entity, so there is little left to tax. The trust pays out most of the earnings to unitholders before paying taxes, and it is usually traded publicly on a securities exchange.

Understanding the Halloween Massacre

The change in Canadian tax law to tax income trusts the same as corporations—which was debated after the fact—was made to remedy a perceived loss of tax revenue. At the time, according to Bloomberg News, there were some 250 trusts listed on the Toronto Stock Exchange (TSX), with many offering enticing yields of 10%. The surprise move by the government shocked investors and caused an immediate 12% decline in the value of the trusts.

U.S. investors who invest in a Canadian income trust should keep in mind that payments from these trusts are subject to a Canadian withholding tax of 15%. In some cases, it’s possible to claim a foreign tax credit, depending on where the shares are held.

In the years since the Halloween Massacre, interest rates were low in Canada and the United States, as investors clamored for more yields like the kind that income trusts once provided. Nevertheless, as of 2022, income trusts were still available, many of them real estate investment trusts (REITs). These entities hold and maintain income-producing real estate—including office buildings, shopping centers, and hotels—that Canada still offers special tax treatment. When income flows through to unitholders, they don’t pay much, if any, corporate tax, and most of the distributions are taxed as ordinary income.

Recent Fallout from the Halloween Massacre

In the wake of the COVID-19 pandemic, the Canadian REIT market was hit hard. The second quarter of 2020 “brought the largest ever year-over-year decline for quarterly earnings at minus 13%,” according to Carolyn Blair, managing director of RBC Capital Markets Real Estate Group. As of the end of September 2020, Canadian REITs underperformed with a negative 20% return over the preceding 12 months.

The pandemic’s effect on real estate—including tenant insolvency, empty storefronts, reduced retail business, closed shops, restaurants, and more—was to blame. Canadian REITs, since then, experienced a major rebound, but then fell back. As of the end of September 2021, they had returned 43% over the previous 12 months, according to RBC. But some think, as of October 2022, that REITS may be softening.

When Was Canada’s Halloween Massacre?

The Halloween Massacre took place on Oct. 31, 2006. On this date, the Canadian government made an unexpected announcement that all income trusts domiciled in Canada would be taxed like corporations.

What Was the Impact of the Halloween Massacre?

The announcement caused the value of Canadian income trusts to decline by 12% immediately. The Canadian energy sector was impacted the most and lost approximately 17.85% in value during the 10 days that followed.

What Is a Canadian Income Trust?

A Canadian income trust is an investment fund that holds income-producing assets and distributes payments to unitholders on a periodic basis, typically monthly or quarterly. The trusts are required to distribute a minimum of 90% of net cash flows to shareholders.

The Bottom Line

Income trusts have survived the Halloween Massacre and the subsequent near-death experience of the COVID-19 pandemic. While not as lucrative as in the past, the sector is more than skeletal and very much alive.

Article Sources
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  1. Canadian House of Commons. “Taxing Income Trusts: Reconcilable or Irreconcilable Differences?

  2. University of Calgary via Internet Archive. “Green Income Trusts Could Accelerate Canada’s Energy Transition.”

  3. InvestingAnswers. “What Is a Canadian Income Trust?

  4. Government of Canada. “Applicable Rate of Part XIII Tax on Amounts Paid or Credited to Persons in Countries with Which Canada Has a Tax Convention.”

  5. Internal Revenue Service. “About Form 1116, Foreign Tax Credit (Individual, Estate, or Trust).”

  6. Investcom. “Income Trust.”

  7. TSI Wealth Network via Internet Archive. “10 Keys to Picking the Best Canadian Income Trusts and Real Estate Investment Trusts (REITs).”

  8. Real Estate News EXchange. "Is Canada's REIT Sector Softening?"

  9. Real Estate News EXchange. “REITs Continue Big Rebound After COVID Dip: RBC’s Blair.”

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