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7 October 2022 APFF Financial Strategies and Instruments Roundtable Q. 7, 2022-0938221C6 F - Régime d'accession à la propriété (RAP) - rembours
Principal Issues: Whether the HBP balance of an individual will be nil at the beginning of the calendar year, as required by paragraph (i) of the definition of “regular eligible amount” in subsection 146.01(1), if the individual repays his HBP balance within the first 60 days of the year in which he wants to make a new withdrawal from his RRSP under the HBP?
Position: Possibly. The individual’s HBP balance will be NIL as required by paragraph (i) of the definition of “regular eligible amount” only after the individual has contributed sufficient amounts to his RRSP, no later than within the first 60 days of the year, and designated such amounts as HBP repayment in prescribed form filed with his return for the preceding taxation year.
Reasons: Application of subsection 146.01(3) and the definition of "HBP balance" in section 146.01(1).
FINANCIAL STRATEGIES AND FINANCIAL INSTRUMENTS ROUNDTABLE, 7 OCTOBER 2022
2022 APFF CONFERENCE
7. Withdrawal from the Home Buyer’s Plan and repayment of the balance within the first 60 days
In order for an individual to be able to make a home buyer's plan ("HBP") withdrawal from the individual’s RRSP, one of the conditions that must be met is that the individual's HBP balance be nil at the beginning of the calendar year that includes the time of the RRSP withdrawal (footnote 1).
The "HBP balance", which is defined in subsection 146.01(1) and must be determined at a particular time, is equal to the amount, if any, by which RRSP withdrawals under an HBP exceed the total of the amounts that were reported as HBP repayments for taxation years that ended before that time and the amounts that were included in the individual's income for taxation years in which no HBP repayments would have been made.
In order to determine whether the HBP balance is nil, thus allowing an individual to meet the above condition, "that time" would be the beginning of the calendar year, or January 1. In fact, question 3(c) on Form T1036 (footnote 2) is as follows:
“Was your repayable HBP balance from your previous HBP participation zero on January 1 of this year?”
Therefore, it does not appear necessary for the HBP balance to be nil at the time the funds are withdrawn under the HBP, but rather as of January 1 of the year the funds are actually withdrawn.
Pursuant to subsection 146.01(3), an individual may designate as a repayment of the individual’s HBP balance for a particular taxation year the total of all amounts contributed by the individual to an RRSP in the taxation year or within 60 days after the end of that taxation year (up to the individual's HBP balance). Thus, an RRSP contribution made in the first 60 days of 2022 can be reported as a repayment of the HBP balance for the 2021 taxation year.
If an individual wishes to make an HBP withdrawal in 2022, the individual’s HBP balance must be nil as of January 1, 2022. Given the definition of "HBP balance", this takes into account all repayments made in taxation years ending before that time, i.e., up to the 2021 taxation year, which also includes a contribution made in the first 60 days of 2022.
For example, an individual separates in September 2021 and wishes to use the HBP to purchase a new qualifying home in January 2022. All eligibility requirements for the HBP are otherwise met. However, having previously participated in the HBP, the individual has a balance of $5,000 remaining to be repaid at the time of the HBP withdrawal on January 20, 2022. The individual intends to make an RRSP contribution of $5,000 in February 2022, following the HBP withdrawal, and report this as a repayment of the individual’s HBP balance for the 2021 taxation year. Under the applicable rules, it is our understanding that this would allow the individual to meet the condition that the individual’s HBP balance be nil at the beginning of the calendar year that includes the time of the RRSP withdrawal, i.e., January 1, 2022.
Questions to the CRA
(a) Does the CRA agree that this strategy used by the individual complies with the current HBP legislation?
(b) If not, can the CRA explain why the strategy used does not work?
CRA Response
Where an individual receives an amount as a benefit under an RRSP that is an "excluded withdrawal" as defined in subsection 146.01(1), that amount is not required to be included in computing the individual's income by virtue of subsection 146(8).
For HBP purposes, an excluded withdrawal is a withdrawal that is, among other things, a "regular eligible amount", as defined in subsection 146.01(1). Among the conditions for an amount to qualify as a "regular eligible amount" within the meaning of that definition, paragraph (i) requires that the individual's HBP balance, at the beginning of the calendar year in which the individual receives the amount as a benefit under an RRSP, is nil.
Under the definition of "HBP balance" in subsection 146.01(1), and subsection 146.01(3), amounts paid by an individual to an RRSP under which the individual is the annuitant (including, during the first 60 days of the year), the total of which is reported, within the limits set out in subsection 146.01(3), in prescribed form filed with the annuitant's income tax return, as a repayment for HBP purposes for the preceding year, will be taken into account in determining whether the annuitant's HBP balance at a particular time in the year (footnote 3) is nil.
Thus, only after the individual has actually contributed amounts to the individual’s RRSP, no later than the first 60 days of the year, and indicated the total amount contributed as an HBP repayment for the previous taxation year on the prescribed form (footnote 4) attached to the individual’s income tax return, will the individual be able to declare that the individual’s HBP balance is nil at the beginning of the calendar year.
In the situation described, when the individual makes a withdrawal from the individual’s RRSP on January 20, 2022, his HBP balance at the beginning of the year 2022 for the purposes of the definition of "regular eligible amount" will be $5,000. This is because the individual's HBP balance will not be nil because no HBP repayments have yet been made and reported on the prescribed form.
By the time the individual is required to complete Form T1036 on January 20, 2022 (footnote 5), it will not be possible for the individual to answer "yes" to question 3(c) of that form ("Was your repayable balance from your previous HBP participation zero on January 1 of this year?") or to sign the certification in section C, since by that time the individual will not have reduced the individual’s HBP balance by an eligible amount pursuant to subsection 146.01(3) for the 2021 taxation year.
Michel Ostiguy
October 7, 2022
2022-093822
FOOTNOTES
Due to our system requirements, footnotes contained in the original document are reproduced below:
1 Paragraph (i) of the definition "regular eligible amount" in subsection 146.01(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) ("I.T.A.").
2 CANADA REVENUE AGENCY, Form T1036 "Home Buyers' Plan (HBP) – Request to Withdraw Funds from an RRSP".
3 In this case, the beginning of the calendar year, which is the relevant time for the purposes of paragraph (i) of the definition "regular eligible amount" in subsection 146.01(1).
4 Form 5000-S7 Schedule 7, "RRSPs, PRPPs and SPPs - Unused Contributions, Transfers and HBP or LLP Activities (for all)", Part B.
5 Among the conditions for an amount to qualify as a "regular eligible amount" within the meaning of this definition in subsection 146.01(1), paragraph (a) provides that, in order to receive an amount as a benefit under an individual's RRSP, the individual must apply in writing for the amount in prescribed form (in this case, Form T1036).
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