To: MSB who wrote (490 ) 8/23/1998 3:32:00 PM From: David M. Lomow Read Replies (2) | Respond to of 756
First off, I have no idea if this is the kind of limited partnership that is involved here or not, but the very mention of an LP raises a red flag in my books. Let me outline the probably scenario. Until about four years ago, the Canadian government had a tax-shelter in place that allowed for the formation of limited partnerships to raise investment capital in specified areas. The goal was to promote the development of certain Canadian industries such as feature film production, oil and gas exploration, and yes SOFTWARE DEVELPMENT.. The basic idea was you sell shares in a limited partnership that allows its owners to take substantial accelerated tax write-offs based on potential future earnings. Investors lower their present tax burden, companies get investment capital, and the government helps promote certain areas of business that it hopes to foster. The problem lies in that many of these limited partnerships were little better than tax-writeoff scams to allow rich doctors and lawyers to pay less tax. All you needed was a business plan that said your software or video game had the potential to make millions of dollars, and an appraisal from a CPA (for a generous fee and or stock Options), and someone to sell and market the product to the appropriate investors. Simple, except most of these companies never earned dollar one, and some never even managed to come up with a marketable product. ALl that was left at the end of the day was the already accounted for tax write-off There were hundreds of millions of dollars worth of the LP's sold in the early to mid nineties before the government closed the loophole. There is still some question about whether Revenue Canada (the CDN IRS) will eventually re-audit a number of these software LP's and deem them inappropriate, leaving most of there investors with huge back-taxes to pay. Now some of these LP's went on to do exactly what they said they would do. Create software, sell it and make money. MOST DID NOT. This is why the government closed the loophole. There were some very shady characters involved in this business, and they got very rich. It seems that Totally Hip is Totally Legit, and sells a viable product and has a viable business. Whether or not they used this method of financing or not remains to be seen. If they did, I would be interested to know what the current position of Revenue Canada is on these Software LP's and whether or not THP has made any provision for potential Tax rulings. Good Luck DL