Interesting article on RRSP transfer, although Mr. Drache admits that none of these planning tips are new or unique they can be quite helpful when properly executed, and in Canada where we already pay a large amount of tax every little tip can help.
The only thing to note is that although Mr. Drache recommends that the RRSP loans be repaid as timely as possible (as the interest is not tax deductible ) I have found that clients should select the full 15 years to repay and simply pay double the amount of the monthly payment. If a one or two year term is selected that I have found that clients become burdened with heavy payments that erode household cash flow.
Transfers a useful RRSP move
Get expert advice to be sure your moves are OK
Arthur Drache, Financial Post Published: Tuesday, February 19, 2008
As the contribution limit to RRSPs has crept up over the years ($19,000 for 2007), many individuals have found it more and more difficult to get the funds to make annual contributions.
One approach is to borrow the funds to make the contribution and pay down at least a portion of the loan out of the associated tax refund.
While there is nothing wrong with this strategy, it does take a certain amount of self-discipline to ensure the loan is repaid as quickly as possible. This is important because the interest on the loan is not deductible.
Another possibility is to make a transfer of capital property held personally to the RRSP. Where such a transfer is made, the RRSP contribution is equal to the fair market value of the property in question. And while this may be an attractive proposition for many, there are a number of key points to bear in mind.
The property must be such as to be eligible to be held by RRSPs. This is seldom a problem, but if what you are considering contributing is not a “normal” investment, check that it is OK. For example, some foreign bonds will qualify while others will not.
If the property has appreciated since you acquired it, there will be a capital gain on the transfer.
If the property has dropped in value since you acquired it, there will be no deduction for the capital loss.
Of course, when you are making such a transfer, you also have to keep in mind overall tax and investment strategy. While there is no tax on an RRSP, when payments comes out, they are added to income, even if they might otherwise have been subject to preferential tax treatment if the investment were personally held.
As a general rule, you may want to limit capital contributions to an RRSP to assets that do not pay dividends (as you will lose the value of the dividend tax credit), assets that are likely to produce capital gains (as the full gain will ultimately be taxed) and assets that have flow-through tax credits that will be wasted in the RRSP.
Thus, when you do make a transfer of assets to an RRSP, you should carefully assess the investment attractions of the asset to determine whether they are better off being held outside the plan.
We might note that for those who may be flush with tax, you can legally buy assets from your RRSP. Let’s say you feel that a particular asset that is held in the plan has significant new capital gains potential. You can buy the asset for fair market value, thus taking it out of the plan and putting it into your personal portfolio, where the tax-associated benefits may be maximized.
Given that the RRSP is tax-free, the fact that the asset may have appreciated significantly since the RRSP acquired it will not trigger a taxable gain within the plan.
None of these planning tips is new or unique, but given the pitfalls that might apply depending on the particulars of the case, it would be best to get some expert advice to make certain there are no unpleasant surprises down the line.
— – Arthur Drache, CM, QC, is an Ottawa-based lawyer at Drache Associates LLP and is associate counsel to Miller Thomson LLP.