AvenEx Energy Corp.
TSX : AVF

March 02, 2011 19:26 ET

AvenEx Energy Corp. Announces 2010 Income Tax Information for Avenir Diversified Income Trust

CALGARY, ALBERTA--(Marketwire - March 2, 2011) -

AvenEx Energy Corp. ("AvenEx") (TSX:AVF) today provides the 2010 Tax information for Avenir Diversified Income Trust ("Avenir Trust" or the "Trust").

The information contained herein is based on Avenir Trust's understanding of the respective income tax regulations in Canada and the United States ("U.S.") and is provided for general information purposes only. Unitholders should consult their tax advisors with respect to their particular circumstances.

2010 Canadian Unitholder Tax Information

Distributions:

Record Date   Payable Date     Distribution Amount/Unit    
Capital Gain
    Return of
Capital
   
Taxable Portion
                             
Monthly Distributions                            
December 31, 2009   January 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
January 31, 2010   February 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
February 26, 2010   March 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
March 31, 2010   April 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
April 30, 2010   May 17, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
May 29, 2010   June 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
June 30, 2010   July 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
July 30, 2010   August 16, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
August 31, 2010   September 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
September 30, 2010   October 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
October 29, 2010   November 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
November 30, 2010   December 15, 2010   $ 0.06   $ 0.00   $ 0.00   $ 0.06
Total 2010 Distributions       $ 0.72   $ 0.00   $ 0.00   $ 0.72

The monthly calculations have been completed on a cash basis, and therefore include the distributions declared by the Trust in December 2009 payable January 15, 2010, up to and including the November 2010 distribution payable December 15, 2010. Monthly distributions declared for this period totalled $0.72 per unit.

Monthly Distributions

Avenir Trust has determined that for Canadian Unitholders, monthly distributions paid in 2010 are 100% taxable with no tax deferred return of capital.

Canadian Unitholders holding their Avenir Trust units in a Registered Retirement Savings Plan, Registered Retirement Income Fund or Deferred Profit Savings Plan should not report any income on their 2010 income tax return related to the distributions received. Unitholders holding their units outside such plans will receive a T3 Supplementary Information slip (T3) directly from their brokerage firm or intermediary, not from the transfer agent or Trust. Avenir Trust's Canadian registered Unitholders who received cash distributions from the transfer agent, Olympia Trust Company of Canada, during the period will receive "T3 Supplementary" slips directly from Olympia Trust Company of Canada (and not from a brokerage firm or intermediary). While Olympia Trust Company of Canada will strive to issue these information slips as soon as possible, the deadline for mailing all T3 Supplementary Information slips as required by Canada Revenue Agency is March 31, 2010. Unitholders holding their units outside a plan as described above are to report the distributions as "other income" on their 2010 income tax return.

2010 U.S. Unitholder Tax Information

Distributions:

Record Date   Payable Date     Distribution Amount/Unit
           
Monthly Distributions          
December 31, 2009   January 15, 2010   $ 0.06
January 30, 2010   February 15, 2010   $ 0.06
February 26, 2010   March 15, 2010   $ 0.06
March 31, 2010   April 15, 2010   $ 0.06
April 30, 2010   May 17, 2010   $ 0.06
May 29, 2010   June 15, 2010   $ 0.06
June 30, 2010   July 15, 2010   $ 0.06
July 30, 2010   August 16, 2010   $ 0.06
August 31, 2010   September 15, 2010   $ 0.06
September 30, 2010   October 15, 2010   $ 0.06
October 29, 2010   November 15, 2010   $ 0.06
November 30, 2010   December 15, 2010   $ 0.06
Total Monthly 2010 Distributions       $ 0.72

Monthly Distributions

In consultation with the Trust's U.S. tax advisors, Avenir Trust believes for U.S. Federal income tax purposes, that the units of Avenir Trust more likely than not will be properly classified as equity in a corporation, rather than debt, and that dividends paid to its individual U.S. Unitholders will more likely than not be qualified dividends. As such, the portion of the distributions made during 2010 that are considered dividends should qualify for the reduced rate of tax applicable to certain capital gains.

The portion of the trust distributions that is considered a dividend for U.S. Federal income tax purposes is determined based upon the greater of Avenir Trust's current or accumulated earnings & profits ("E&P") as determined in accordance with U.S. Federal income tax principles. 

Therefore, with respect to cash distributions paid in 2010 to U.S. individual Unitholders, we believe that 100% should be reported as "qualified dividends" and 0% should be reported as return of capital. 

Avenir Trust has not received an IRS letter ruling or a formal tax opinion from its tax advisors on these matters. U.S. Unitholders should consult with their individual tax advisors.

AvenEx Energy Corp. was created to provide stable, sustainable dividends to shareholders while providing modest growth.  AvenEx is focused on energy with two distinct business units, namely Oil & Gas development and production and LPG marketing and logistics.

AvenEx trades on the TSX under the symbol AVF. For further information on AvenEx please go to our website at: www.avenexenergy.com.

This press release shall not constitute an offer to sell or the solicitation of an offer to buy the securities in any jurisdiction. The securities offered have not been and will not be registered under the United States Securities Act of 1933, as amended (the "U.S. Securities Act") or any state securities laws and may not be offered or sold in the United States except in certain transactions exempt from the registration requirements of the U.S. Securities Act and applicable state securities laws.

Forward Looking Statements

Certain information regarding AvenEx Energy Corp. set forth in this document, including management's assessment of AvenEx's future plans and operations contains forward looking statements that involve substantial known and unknown risks and uncertainties. These forward looking statements are subject to numerous risks and uncertainties, some of which are beyond AvenEx's and management's control, including but not limited to, the impact of general economic conditions, industry conditions, fluctuation of commodity prices, fluctuation of foreign exchange rates, imperfection of reserve estimates, environmental risks, industry competition, availability of qualified personnel and management, stock market volatility, timely and cost effective access to sufficient capital from internal and external sources. AvenEx's actual results, performance or achievement could differ materially from those expressed in or implied by, these forward looking statements and accordingly, no assurance can be given that any of the events anticipated to occur or transpire from the forward looking statements will provide what, if any benefits to AvenEx.

The TSX Exchange has not reviewed and does not accept responsibility for the adequacy or accuracy of this release.

Contact Information

  • AvenEx Energy Corp.
    William M. Gallacher
    President and CEO
    (403) 237-9949
    (403) 237-0903 (FAX)
    or
    AvenEx Energy Corp.
    Gary H. Dundas
    Vice-President, Finance and CFO
    (403) 237-9949
    (403) 237-0903 (FAX)
    or
    AvenEx Energy Corp.
    Suite 300, 808 - 1st Street S.W.
    Calgary, Alberta T2P 1M9