Tag Archives: Income Tax Act

What’s new on your 2016 tax return: Sale of a principal residence

By Sheryl Smolkin

For many Canadians, the family home is the most valuable asset they own and an important factor when they are planning their retirement. When you sell your principal residence, any increase in value is not subject to capital gains tax. However, if you sold your principal residence in the last year, there is a new form you will need to complete for the first time when you file your 2016 income tax return.

Your principal residence can be any of the following types of housing units:

  • A house
  • A cottage
  • A  condominium
  • An apartment in an apartment building
  • An apartment in a duplex, or
  • A trailer, mobile home, or houseboat.

For one of the above to qualify as a principal residence you must have owned it alone or jointly with another person. In addition, you, your current or former spouse or common-law partner, or any of your children must have lived in the home at some time during the year.

You are only allowed to designate one home as your principal residence for a particular year. If you are unable to designate your home as your principal residence for all the years you owned it, a portion of any gain on sale may be subject to tax as a capital gain. The portion of the gain subject to tax is based on a formula that takes into account the number of years you owned the home and the number of years it was designated as your principal residence.

The principal residence exemption calculation formula is:

The extra year in the top of the equation (the “one-plus rule”) means that when a person moves, both the old home and the new home will be treated as a principal residence in the year of the move, even though only one of them can actually be designated as such for that year.  However, for dispositions occurring after October 3, 2016, the “one-plus” factor applies only where the taxpayer is resident in Canada during the year in which they acquire the property.

In years prior to 2016, there was no need to report the sale on your tax return if the entire gain was eliminated.  However, on October 3, 2016 the federal government announced that, starting with the 2016 tax year, the sale of a principal residence must be reported on Schedule 3 of the tax return in order to claim the principal residence exemption.  This change applies also for deemed dispositions, such as a deemed disposition due to change in use of the property.

The purpose for the new reporting requirement is two-fold. The federal government wants to ensure that Canadian residents only claim the capital gains exemption for principal residences in appropriate circumstances. In addition, under the new rules, foreign buyers who were not residents at the time a home was bought will no longer be able to claim a principal residence exemption.

There are two other major changes to the Income Tax Act (ITA) regarding the reporting of the disposition of a principal residence:

  • Canada Revenue Agency (CRA) can, according to new ITA s. 152(4)(b.3), reassess a taxpayer outside of the normal reassessment period, if the taxpayer does not report a disposition.  Normally for individuals the reassessment period is three years from the date of the initial notice of assessment, with some exceptions.
  • If the disposition of the principal residence is not reported on the tax return as required, a late-filing penalty can be imposed @ $100 per month x the number of months late, to a maximum of $8,000.  New ITA s. 220(3.21) is added to this effect.

For a more in depth assessment of how changes to the principal residence exemption may impact you, contact your accountant or other tax advisor.

What is a prescribed RRIF?

By Sheryl Smolkin

If you are a member of the Saskatchewan Pension Plan you can elect to retire any time between the age of 55 and 71. You can purchase an annuity from the plan which will pay you an income for the rest of your life.

You can also transfer your SPP account into a locked-in retirement account (LIRA) or a prescribed registered retirement investment account (prescribed RRIF). Both options are subject to a transfer fee.

LIRA

The LIRA is a locked-in RRSP. It acts as a holding account so there is no immediate income paid from the account. You direct the investments and funds in this option and funds remain tax sheltered until converted to a life annuity or transferred to a prescribed RRIF. You choose where the funds are invested.

The LIRA is only available until the end of the year in which you turn 71. One advantage of a LIRA is that it allows you to defer purchase of an annuity with all or part of your account balance until rates are more favourable.

Prescribed RRIF

You must be eligible to commence your pension (55 for SPP) to transfer locked-in pension money to a prescribed RRIF. If you are transferring money directly from a pension plan, the earliest age at which your pension can commence is established by the rules of the plan.

You may transfer money from a LIRA at the earlier of age 55 (SPP) or the early retirement age established by the plan where the money originated. Funds in your SPP account or your LIRA at age 71 that have not been used to purchase an annuity must be transferred into a prescribed RRIF.

Unlike an annuity, a prescribed RRIF does not pay you a regular amount every month. However, the Canada Revenue Agency requires you to start withdrawing a minimum amount, beginning in the year after the plan is set up.

The Income Tax Act permits you to use your age or the age of your spouse in determining the minimum withdrawal. This is a one-time decision made with the prescribed RRIF is established. Using the age of the younger person will reduce the minimum required withdrawal.

To determine the minimum annual withdrawal required, multiply the value of your prescribed RRIF as at January 1 by the rate that corresponds to your age:

Table 1: Prescribed RRIF + RRIF minimum Withdrawals

Age at January 1 Rate (%) Age at January 1 Rate (%)
50 2.50 73 7.59
51 2.56 74 7.71
52 2.63 75 7.85
53 2.70 76 7.99
54 2.78 77 8.15
55 2.86 78 8.33
56 2.94 79 8.53
57 3.03 80 8.75
58 3.13 81 8.99
59 3.23 82 9.27
60 3.33 83 9.58
61 3.45 84 9.93
62 3.57 85 10.33
63 3.70 86 10.79
64 3.85 87 11.33
65 4.00 88 11.96
66 4.17 89 12.71
67 4.35 90 13.62
68 4.55 91 14.73
69 4.76 92 16.12
70 5.00 93 17.92
71 7.38 94 and beyond 20.00
72 7.48
For revised RRIF withdrawal schedule based on 2015 Federal Budget, see Minimum Withdrawal Factors for Registered Retirement Income Funds.

There is no maximum annual withdrawal and you can withdraw all the funds in one lump sum. This is in contrast to other pension benefits jurisdictions such as Ontario and British Columbia where locked-in funds not used to purchase an annuity must be transferred to a Life Income Fund at age 71 that has both minimum (federal) and maximum (provincial) withdrawal rules.

The same LIRA and prescribed RRIF transfer options apply to Saskatchewan residents who are members of any other registered pension plan (DC or defined benefit) where funds are locked in.

RRSP/RRIF transfers

If you have saved in a personal or group registered retirement savings plan (RRSP) your account balance can be transferred into a RRIF (as opposed to a prescribed RRIF) at any time and must be transferred into a RRIF no later than the end of the year you turn 71 if you do not take the balance in cash or purchase an annuity.

The minimum withdrawal rules are the same as those of a prescribed RRIF (see Table 1). However, even in provinces like Ontario and British Columbia where provincial pension standards legislation establishes a maximum amount that can be withdrawn from RRIF-like transfer vehicles for locked in pension funds (LIFs), there is no cap on the annual amount that can be taken out of a RRIF.

Also read: RRIF Rules Need Updating: C.D. Howe

Mar 24: Best from the blogosphere

By Sheryl Smolkin

185936832 blog

Whether you simply can’t face the pile of paper on your desk or you are waiting for the last few T5s to come in the mail, the deadline for filing your income tax return is on the horizon.

In Income Splitting 101: Tips On Keeping It In The Family Boomer & Echo’s Robb Engen discusses the Conservative government’s proposal to permit income-splitting for families with children and some legitimate income-splitting strategies that are already available under the Income Tax Act.

Many young people are considering post-secondary education with a co-op component. On canadianbudgetbinder.com Mr. CBB tells us How his co-op program at a zoo shaped his work ethics.

He says one of the greatest parts of his co-op program was when he was feeding the animals and visitors to the zoo asked him questions he learned how to interact with people and share his knowledge freely.

Blogger Krystal Yee has a new job working close to the downtown Vancouver core. She says Having a car is expensive, particularly now that she has to rent a downtown parking spot. But her home is in the suburbs and she’s not ready to give her car up yet.

Brenda Spiering the editor of brighterlife.ca has some great ideas for spring cleaning your finances. Begin by digging out all of your essential financial documents. If you are unsure what they are, check out Twelve key documents you need to gather.

And as wedding season comes into full bloom, take a look at How I Made 100 Wedding Invitations for Under $60 on whenlifegivesyoulemonsaddvodka.com. All it took was card stock from a stationery store, an online template and a new printer cartridge.

Do you follow blogs with terrific ideas for saving money that haven’t been mentioned in our weekly “Best from the blogosphere. Share the information with us on http://wp.me/P1YR2T-JR and your name will be entered in a quarterly draw for a gift card.