Tax Information

Tax Information for 2008 Distributions to Unitholders

The following income tax information relates to the cash distributions declared and paid in 2008 by Fording Canadian Coal Trust (the "Trust") to unitholders resident in Canada and the United States, including the consideration paid pursuant to the arrangement that took effect on October 30, 2008, involving the Trust and Teck Cominco Limited ("Teck"), pursuant to which Teck acquired all of the assets and assumed all of the liabilities of the Trust. The arrangement is more particularly described in the Plan of Arrangement (the "Arrangement") set out in Appendix E of the management information circular of Fording dated September 6, 2008 (the "Circular").

The following income tax-related information is provided for general information only and should not be considered tax or legal advice to any particular holder of Trust units. (See also "Certain Tax Considerations for Unitholders" under the Circular.) Unitholders are strongly urged to consult their tax advisors with respect to their particular circumstances.

Tax Information for Unitholders Resident in Canada

Certain Canadian Federal Income Tax Considerations

The following information is based on the Trust's understanding of the Income Tax Act (Canada) and regulations thereunder, and is provided for general information only. T3 Statement of Trust Income Allocations and Designations forms are expected to be available by the end of March 2009.

The following table provides the cash distributions declared in Canadian dollars. The stated amounts are on a per-unit basis and reflect the units outstanding when the payments were declared.

 

$CDN Per Unit

Record Date Payment Date

Other Taxable Income

Return of Capital

Redemption Proceeds

Total Distribution Paid

Mar. 31, 2008 Apr. 15, 2008 $ 0.50000 $ - $ - $ 0.50000
Jun. 30, 2008 Jul. 15, 2008 $ 2.50000 $ - $ - $ 2.50000
Consideration pursuant to the Arrangement $ 103.50343 $ 0.94215 $ 0.01442 $ 104.46000

The "Other Taxable Income" amount is the portion of the distributions that is to be included in the taxable income of unitholders. Generally, the "Return of Capital" portion (other than that representing redemption proceeds) of the distributions is not taxable but is required to be deducted from the adjusted cost base of a unitholder's units of the Trust. Both amounts will be reported on the T3 Statement of Trust Income Allocations and Designations.

On the redemption of Trust units under the Arrangement, a Canadian resident unitholder will generally realize a capital gain (or a capital loss) equal to the amount by which the aggregate redemption proceeds receivable by the unitholder exceeds (or is less than) the adjusted cost base of the unitholder's Trust units and any reasonable costs of disposition. (Please refer to the section entitled "Taxation of Holders Resident in Canada - Certain Canadian Federal Income Tax Considerations" under the Circular for a more detailed discussion.) The redemption proceeds will be reported on the T5008 Statement of Securities Transactions.

Tax Information for Unitholders Resident in the United States

Certain US Federal Income Tax Considerations

Distributions made by the Trust in the 2008 calendar year, except for the consideration paid connected to the Arrangement, should be considered foreign-sourced dividend income under U.S. federal income tax principles, reported on a Form 1099DIV. Providing that applicable holder-level requirements are met, these distributions should be "qualified dividends", eligible for taxation at reduced rates under U.S. federal income tax legislation.

Generally, the disposition of a Trust unit pursuant to the Arrangement will be a taxable transaction for U.S. federal income tax purposes. A U.S. unitholder should recognize a gain or loss on the disposition equal to the difference, if any, between (a) the aggregate of the consideration received (without reduction for any Canadian tax withheld) pursuant to the Arrangement, reported on a Form 1099B, and (b) such U.S. Holder's tax basis in the Units exchanged. (Please refer to the section entitled "U.S. Federal Income Tax Consequences of the Arrangement - Certain United States Federal Income Tax Considerations" under the Circular for a more detailed discussion.)

The following is reported in U.S. dollars. The stated amounts are on a per-unit basis and reflect the units outstanding when the payments were made.

 

U.S. $ Per Unit

Record date Payment date

Qualified dividends
(taxable)

Aggregate Proceeds of Disposition

Withholding tax deducted in Canada

Dec. 31, 2007 Jan. 15, 2008 $ 0.53638 $ - $ 0.08046
Mar. 31, 2008 Apr. 15, 2008 $ 0.48643 $ - $ 0.07296
Jun. 30, 2008 Jul. 15, 2008 $ 2.45350 $ - $ 0.36803
Consideration pursuant to the Arrangement $ - $ 84.87000 $ 12.73050

Certain Canadian Federal Income Tax Considerations

Generally, all amounts distributed to U.S.-resident unitholders will be subject to Canadian non-resident withholding tax at the rate of 15%, including taking into account the withholding rate reduction to 15% under the Canada-U.S. Income Tax Convention, 1980. U.S.-resident unitholders, however, may be entitled to obtain a refund of non-resident withholding taxes under certain circumstances. (Please refer to the section entitled "Taxation of Holders Not Resident in Canada - Certain Canadian Federal Income Tax Considerations" under the Circular for a more detailed discussion.) The amount of the Canadian non-resident withholding tax will be reported on the Canadian tax slip NR4 Statement of Amounts Paid or Credited to Non-residents of Canada.

To comply with requirements imposed by the U.S. Internal Revenue Service, any U.S. tax advice or other information contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer, or (ii) supporting the promotion or marketing of any transactions or matters addressed herein.

Download
2007 Tax Information
February 27, 2008 (23 KB)
Download
T1 Adjustment Request Form
May 27, 2008 (207 KB)