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Stephen Pincus at the Real Capital Conference


Lawyer Stephen Pincus
Area Tax, REITs and Income Securities


February 22, 2005
1:50 pm:  Regulatory, Tax, and Accounting Issues FACING REAL ESTATE owners, pension funds, and institutions

Speaker: Stephen Pincus, Goodmans LLP

Chief financial officers and senior executives responsible for real estate investment and finance are facing a legal, tax, and accounting environment that is becoming more and more challenging and time consuming.  Regulations are also becoming more complex.  This session will examine some of the issues and questions in this topic area including:

  • What are the issues concerning the new accounting rules from the owner’s perspective? From the investment dealer’s perspective? From the investor’s perspective? 
  • How will the restrictions on foreign investors proposed by the Federal Government impact capital flows into Canada and the viability of the REIT market? Do the legal (e.g. unlimited liability) and tax treatment of different forms of real estate debt and equity investments (e.g. REIT vs. direct ownership) distort values and capital flows?
  • Are pension funds complying with GAAP?  If not, why not?  
  • What about the stance of the Ontario Securities Commission on such matters as the right to pay interest “in kind” under the terms of listed convertible debentures?  Given the changes in GAAP treatment as well, might this bring about a change in this practice?
  • With a growing number of Canadian real estate organizations looking at opportunities in cross-border markets, what are some of the legal and tax issues related to cross-border acquisitions, dispositions, and financing?  

RealCapital is designed to meet the needs of all individuals and organizations who play an integral role in sourcing, structuring, negotiating, and approving equity investment and debt financing in office, industrial, retail and multi-unit residential real estate - ranging from acquisition, development, and construction activity to mezzanine, conventional debt, and long-term portfolio purposes.

Real Capital Conference
February 22, 2005
Metro Toronto Convention Centre
Toronto, Ontario