RRSPs Flashcards
What are the non qualified investments that cannot be included in an RRSP?
Real estate
Commodity futures
Listed personal property like art, gems
Shares of a private corporation where annuitant or immediate family owns 10% or more of any class of shares
What are the tax consequences on non qualified investments that remain in an RRSP?
1) The FMV of the investment at time of purchase is included as income. When it’s disposed, the difference between the lesser of the proceeds and FMV may be deducted.
2) RRSP trust is subject to a 1% penalty on the FMV at time of purchase for each month it remains in the RRSP. It is calculated on a month end basis but payable annually.
3) RRSP trust is subject to income tax on investment income earned from the non qualified investment
What are the options or plans that an unmatured RRSP can directly transfer to with no immediate tax consequences?
RPP
RRSP
RRIF
Annuity
In case of a relationship breakdown, list the types of plans that assets from an unmatured RRSP may directly transfer to?
RRSP
RRIF
What are the conditions that must be met in order for a direct transfer between an unmatured RRSP and other qualified plans to occur in the event of a relationship breakdown?
1) Payment must made be under a decree, court order, judgment of a court or under a written agreement relating to division of property between two current or former spouses/common law partners in settlement of rights due to a relationship breakdown.
2) spouse or partner must are living separate and apart at time of transfer due to relationship breakdown.
What is the condition to transfer assets between two RRSPs?
Funds being transferred into the RRSP has to be with an annuitant who is 71 or younger at the end of the year in which the ranger occurs
What are the types of plans that may transfer directly to an unmatured RRSP?
RPP lump sum* DPSP lump sum* RRSP commutation payment Property from an unmatured RRSP Excess amount from a RRIF
*in specific circumstances only such as death of a pensioner or a court order due to a relationship breakdown.
With whom does the tax liability lie with if the assets of an umatured RRSP pass to someone other than a spouse/common law partner, qualified child or grandchild?
The deceased’s estate.
In this case, the decreased includes the RRSP assets as income in year of death. So tax consequence lies with the annuitant not the beneficiary.
If the assets of an unmatured RRSP transfer to a spouse/common law partner or qualified dependent child or grandchild, what are the tax consequences?
The spouse/common law partner or qualified child or grandchild will assume responsibility for the tax consequences. He/she will include the income in the year or receipt.
What is the definition of a refund of premiums in terms of an RRSP?
Any amounts paid out of an RRSP to a qualified beneficiary.
This includes a spouse or common law partner or a financially dependent child or grandchild.
Who are qualified beneficiaries of an RRSP?
- Spouse or common law partner
- Financially dependent child or grandchild
- Financially dependent child or grandchild who is mentally or physically disabled
What are the qualified plans that a refund of premium for a qualified beneficiary of a deceased’s annuitant’s RRSP can be transferred to?
RRSP
RRIF
Annuity
If a spouse/partner receives the RRSP funds from a deceased annuitant’s RRSP personally, what are the tax consequences?
If the spouse transfers the funds in the year they were received or within 60 days after the year in which they were received, there are no tax consequences (even if it’s an indirect transfer)
If the spouse does not, then it must be included as income for tax purposes in the year received.
What are the options for a financially dependent child or grandchild to receive RRSP funds from a deceased annuitant?
Child may transfer it to a term certain to age 18 annuity.
Child can directly transfer or indirectly transfer.
An indirect transfer means child receives funds and then makes a subsequent contribution to the annuity in the year of receipt or 60 days to obtain the tax deferral
If not, funds are taxed to the child in the year of receipt.
What are the qualified plans that a financially dependent child or grandchild who is disabled can transfer RRSP assets from a deceased annuitant?
RDSP
RRSP
RRIF
Qualifying annuity
Transfer must be done in the year of receipt or 60 days after the year or else, it is taxable to the child.
Whose contribution room is affected when contributions are made to a spousal RRSP?
The contributing spouse.
The contributing spouse’s RRSP room decreases
Who gets the deduction if a spouse contributes to a spousal RRSP?
The contributing spouse
What is the benefit of contributing to a spousal RRSP?
To balance retirement income between spouses and have the annuitant spouse withdraw income from the RRSP at a lower tax rate compared to the contributing spouse
Does the contributing spouse control the trades or have power of attorney on the spousal RRSP?
No. Only the plan owner or annuitant (non contributing spouse) has power over the account.
What is the three year rule or the current plus two year rule?
It is a rule to discourage people from using spousal RRSPs for short term income splitting.
Basically, if an annuitant (non contributing spouse) withdraws from a spousal RRSP and the annuitant’s spouse/partner had contributed to the spousal RRSP in the current year or the previous 2 years, then the income is attributed back to the contributing spouse and he or she must include it in their income.
What is the income that is attributed back to the contributing spouse in the current plus 2 year rule for spousal RRSPs?
The lesser of:
- the amount of the withdrawal from the spousal RRSP
- the amount of any spousal RRSP contribution made in the current or 2 immediately preceding years
If an annuitant makes a withdrawal from a spousal RRSP that their spouse/partner has not contributed to in the current or prior 2 years, what are the tax consequences?
The annuitant must include the income withdrawn as income.
When do attribution not apply for spousal RRSPs?
- The year contributing spouse died
- The year the RRSP is terminated due to the death of owner/annuitant
- If contributing spouse or annuitant is non resident at time of withdrawal
- After a divorce
5 when spouse or partners are living separate and apart due to relationship breakdown
- Amount is a commutation payment transferred directly for a spouse to another RRSP, RRIF or eligible annuity that cannot be commuted for at least 3 years
Can RRSP contributions be made to a spousal RRSP by a deceased taxpayer’s legal rep?
Yes. It can only be made to a spousal RRSP in the year of death or 60 days after year of death.
It cannot be made into a regular RRSP.
What is a retiring allowance?
It is a payment:
- On it after retirement from an office of employment in recognition of long service
- In respect of a loss of an office or employment of a taxpayer whether or not received as, on account of or in lieu of payment of damages pursuant to a court order
What is the formula to calculate the maximum retiring allowance that can be rolled over to an RRSP or RPP?
- $2000 X # of years employee was employed before 1996
- $1500 X # of years employment before 1989 during which employee was not a vested employer of a pension plan or DPSP
- for part 1, any amount arising from employment after 1995 is not eligible for the rollover option & any year or part year is included as a whole year
- for part 2, fractional years can be used in calculation and vesting has to be observed
Can a retiring allowance be transferred to a spousal RRSP?
No
Where can a retiring allowance be transferred to?
Individual RRSP & RPP
Does a rollover of a retiring allowance affect the taxpayer’s normal RRSP limits and contributions?
No
Which of the following accounts allow assets to be transferred to a spousal RRSP?
LIRA
Retiring allowance
Regular RRSP
NREG
NREG
List the scenarios in which a LIRA (or locked in RRSP) can be unlocked?
- Shortened life expectancy due to disability
- Value of plan assets is quite low
- Annuitant is no longer a Canadian resident
- Financial hardship
- Spousal or child maintenance enforcement orders
Before an annuitant turns 71, what are the plans a LIRA can be transferred to?
Another LIRA LIF LRIF Life annuity RPP
What are the options available to transfer assets of a matured LIRA to?
LIF
Life annuity
LRIF (ON, NFL and AB)
PRIF (SK)
What is the criteria for the home buyer’s plan?
The person must not have owned a home occupied as a principal residence 4 years before the year of the RRSP HBP withdrawal and ending 31 days before the withdrawal.
What is excluded from being a qualifying home for the home buyer’s plan under RRSP?
A housing co-operative where a share in the co-operative provides the annuitant with a right to tenancy but not an equity interest
If an annuitant purchases a home for a disabled person using the HBP withdrawal from an RRSP, must the person be a first time home buyer?
No.
If a person purchased a home but the closing date is on July 31st 2016, when is the last date to be considered to have an eligible HBP withdrawal?
Any time before 30 days after the closing date - so no later than August 30, 2016