Understanding Canadian Income Trusts

An overview of how income trusts work in Canada and why they’ve been used

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Definition

A Canadian income trust is an investment vehicle that holds income-producing assets—such as businesses, real estate, or energy resources—and issues units to investors. Unitholders receive periodic distributions derived from the trust’s cash flow, which are taxed once at the investor level rather than being taxed first at the corporate level.

Structure and Operation

Flowchart of Income Trust Structure
Figure: Income Trust Structure – trust intermediary channels cash flow to unitholders

A trust entity sits between the operating company and unitholders. The trust holds the company’s equity and debt, then funnels almost all operating cash flow directly to unitholders. Day-to-day business continues under the existing management team, while the trustee ensures distributions align with the trust agreement.

Tax Treatment

Prior to 2011, income trusts bypassed the double taxation of corporations:

Starting January 1 2011, the “tax-on-income-trust” rules imposed a tax on trust distributions at rates similar to corporate tax, leading many trusts to convert back to corporations or reorganize as Real Estate Investment Trusts (REITs).

Common Uses

Advantages and Disadvantages

Advantages Disadvantages
High, stable cash distributions Tax advantage largely eliminated after 2011
Avoidance of double taxation (pre-2011) Mandatory conversion to corporations or REITs post-2011
Attractive to yield-focused investors Complex regulatory and compliance requirements
Unlocks shareholder value in mature assets Distribution levels sensitive to interest rate changes

How Income Trusts Are Used Today

  1. Many real-estate income trusts now operate as REITs under favorable rules.
  2. Flow-through entities in oil & gas use similar pass-through principles.
  3. Investors still seek trusts and REITs for portfolio diversification and yield.