Toronto-based ROI Capital Monday issued an update on how the proposed changes in the recent federal budget to eliminate character conversion transactions will affect its funds.

Each of the ROI Canadian Mortgage Income Fund (TSX:RIL.UN), the ROI Canadian Real Estate Fund (TSX:RIR.UN) and the ROI Canadian High Income Mortgage Fund (TSX:RIH.UN), managed by Return On Innovation Advisors Ltd. (ROI Capital), uses the type of forward agreements affected by the proposed changes in the budget.

The current forward agreements of the funds mature by their terms on different dates. The forward agreement settles in whole on May 6, 2013 for RIL.UN, on March 25, 2014 for RIR.UN and on Jan. 16, 2017 for RIH.UN.

While the current forward agreements remain in place without extension, the character conversion aspect of these forward agreements continues to operate by reason of the grandfathering provisions for the proposed changes in the budget, ROI Capital says.

Since the current forward agreement for RIL.UN is maturing ROI Capital will be entering into a new forward agreement today (May 6), on behalf of RIL.UN, with a term of 179 days maturing on Nov. 1, 2013.

ROI Capital anticipates this will not affect the grandfathering of RIL.UN’s current forward agreement. The new short-term forward agreement for RIL.UN is intended to permit it to retain the current structure of its arrangements while providing it more time to assess and implement appropriate arrangements beyond the short term that will appropriately address its individual situation and the effects on unitholders.

ROI Capital says the immediate impact for unitholders of RIL.UN is that all scheduled monthly cash distributions received in the 2013 tax year are expected to consist of capital gains, which are generally subject to tax in the hands of taxable unitholders.

In the event that net realized capital gains and any net income of RIL.UN in 2013 exceed the aggregate amount of monthly cash distributions, such excess may be allocated to unitholders by way of additional distributions in the form of units that would be consolidated automatically with the units held by the unitholder at year end.

The second impact for RIL.UN is that after the current forward agreement and new short-term forward agreement expire, scheduled monthly distributions to unitholders are expected to consist principally of ordinary income.

For RIH.UN and RIR.UN, ROI Capital says the timing of the incurrence of taxable capital gains in the future, the potential size of such gains and their effect on the nature of the scheduled distributions is uncertain at this time.

The company says is continuing to work with its lawyers and tax advisors to assess the consequences for each of the funds and their unitholders.