2023 October Tax News

Table of Contents

    CRA issues Tax Tip on reporting of cryptocurrency holdings and transactions

    October 27, 2023

    Canadians who hold “crypto-assets”, including cryptocurrency, are required to report any income or capital gains resulting from transactions involving such assets. The Canada Revenue Agency recently issued a Tax Tip for such taxpayers, outlining the record keeping and reporting obligations which must be met.

    The Tax Tip, which can be found on the CRA website at https://www.canada.ca/en/revenue-agency/news/newsroom/tax-tips/tax-tips-2023/crypto-asset-exchanges-records-obligations-responsibilities.html, notes that crypto-asset exchanges may stop operations without notice, leaving clients without access to transaction records. The CRA recommends that such information – including trades (buy, sell, and swap), transfers (deposits and withdrawals), staking rewards, yield earnings, wallet addresses, and any other transaction information – be downloaded regularly, so that users will have information needed for tax reporting purposes.

    Year-end planning for your RRSP, RRIF, TFSA, and FHSA

    October 11, 2023

    Most Canadians know that the deadline for making contributions to one’s registered retirement savings plan (RRSP) comes 60 days after the end of the calendar year, around the end of February. There are, however, some circumstances in which an RRSP contribution must be (or should be) made by December 31 in order to achieve the desired tax result. 

    Similarly, most Canadians who have opened a registered retirement income fund (RRIF) are aware that they are required to make a withdrawal of a specified amount from that RRIF each year, with the percentage withdrawal amount based on the RRIF holder’s age – although few are aware of when and how that required withdrawal is calculated. 

    The rules around TFSAs are more flexible, but it is nonetheless the case that advantages can be obtained (and disadvantages avoided) by carefully timing TFSA withdrawals and recontributions based on the calendar year end.

    Finally, beginning in 2023, taxpayers have an additional opportunity to save on a tax-assisted basis, through the new First Home Savings Account (FHSA). While saving through an FHSA is possible only for those who have not owned a home in the current or any of the four previous years, the FHSA offers qualifying taxpayers the opportunity to reduce taxes payable to an extent not available through other government-sanctioned tax saving or deferral programs.

    While the basic rules with respect to contributions to and withdrawals from each of these tax-assisted savings plans are relatively straightforward, there are nonetheless benefits to be obtained from careful consideration of the detailed rules – and some exceptions from those rules. What follows is an outline of steps which should be considered, before the end of the 2023 calendar year, by Canadians who have an RRSP, RRIF, TFSA, or FHSA – or maybe all four.

    Timing of RRSP contributions

    • When you are making a spousal RRSP contribution

    Under Canadian tax rules, a taxpayer can make a contribution to a registered retirement savings plan (RRSP) in his or her spouse’s name and claim the deduction for the contribution on his or her own return. When the funds are withdrawn by the spouse, the amounts are taxed as the spouse’s income, at a (presumably) lower tax rate. However, the benefit of having withdrawals taxed in the hands of the spouse is available only where the withdrawal takes place no sooner than the end of the second calendar year following the year in which the contribution is made. Therefore, where a contribution to a spousal RRSP is made in December of 2023, the contributor can claim a deduction for that contribution on his or her return for 2023. The spouse can then withdraw that amount as early as January 1, 2026 and have it taxed in his or her own hands. If the contribution isn’t made until January or February of 2024, the contributor can still claim a deduction for it on the 2023 tax return, but the amount won’t be eligible to be taxed in the spouse’s hands on withdrawal until January 1, 2027. It’s an especially important consideration for couples who are approaching retirement who may plan on withdrawing funds in the relatively near future. Even where that’s not the situation, making the contribution before the end of the calendar year will ensure maximum flexibility should  an unforeseen need to withdraw funds arise.

    • When you are turning 71 during 2023

    Every Canadian who has an RRSP must collapse that plan by the end of the year in which they turn 71 years of age – usually by converting the RRSP into a registered retirement income fund (RRIF) or by purchasing an annuity. An individual who turns 71 during the year is still entitled to make a final RRSP contribution for that year, assuming that they have sufficient contribution room. However, in such cases, the 60-day window for contributions after December 31 is not available. Any RRSP contribution to be made by a person who turns 71 during the year must be made by December 31 of that year. Once that deadline has passed, no further RRSP contributions are possible.

    RRIF withdrawals for 2023

    Under Canadian law, anyone who has an RRIF is required to make a minimum withdrawal from that RRIF each year. The amount of the withdrawal is calculated as a specified percentage of the balance in the RRIF at the beginning of the calendar year, with that percentage based on the age of the RRIF holder at that time.

    Taxpayers who have no immediate need of funds held within an RRIF are often reluctant to make a withdrawal and pay the tax on those amounts, especially where the value of investments held in an RRIF has declined. While there is no way of avoiding the requirement to withdraw that minimum amount from one’s RRIF, and to pay tax on the amount withdrawn, such taxpayers can consider contributing those amounts to a tax-free savings account (TFSA). Where that is done, the funds can be invested and continue to grow, and neither the original contribution nor the investment gains will be taxable when the funds are withdrawn from the TFSA.

    Planning for TFSA withdrawals and contributions

    Each Canadian aged 18 and over can make an annual contribution to a tax-free savings account (TFSA) – the maximum contribution for 2023 is $6,500. As well, where an amount previously contributed to a TFSA is withdrawn from the plan, that withdrawn amount can be re-contributed, but not until the year following the year of withdrawal.

    Consequently, it makes sense, where a TFSA withdrawal is planned (or the need to make such a withdrawal might arise within the next few months), to make that withdrawal before the end of the calendar year. A taxpayer who withdraws funds from their TFSA on or before December 31, 2023 will have the amount which is withdrawn added to their TFSA contribution limit for 2024, which means it can be re-contributed, where finances allow, as early as January 1, 2024. If the same taxpayer waits until January of 2024 to make the withdrawal, they won’t be eligible to recontribute the funds withdrawn until 2025.

    Contributing to an FHSA

    The First Home Savings Account (FHSA) program, which became available to taxpayers beginning in 2023, offers qualifying taxpayers significant tax benefits. The FHSA program allows taxpayers who do not currently own a home (and did not own a home in any of 2019, 2020, 2021, or 2022) to contribute up to $8,000 per year to an FHSA. Each qualifying taxpayer can contribute up to a lifetime total of $40,000 to an FHSA.

    Contributions made to an FHSA are deductible from income, and investment income earned by funds inside an FHSA is not taxed as earned. Finally, where funds are withdrawn to purchase a home, both the original contributions made and investment income earned are received by the taxpayer free of tax.

    The ability to contribute up to $8,000 per year to an FHSA does not depend on the taxpayer’s income, and contributions not made in a calendar year can (subject to a maximum of $8,000 in carryforward amounts, and to the $40,000 lifetime limit) be carried forward and made in a future tax year.

    Where an individual has opened and contributed to an FHSA, he or she has up to 15 years to withdraw those funds tax-free and use them to purchase a home. However, taxpayers who have an FHSA also have the option to transfer funds from that FHSA plan to their RRSP (and vice-versa), without immediate tax consequences.

    For taxpayers who qualify, the new FHSA program offers an unparalleled degree of flexibility to save on a tax-free or tax-deferred basis. Details on the FHSA program can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/first-home-savings-account.html.

    The approach of the calendar year end doesn’t usually prompt Canadians to consider the details of making contributions to an RRSP or FHSA, or withdrawals from a TFSA or an RRIF. There is, however, no flexibility in the deadlines for taking such actions, and considering what steps may be needed or advisable now means one less thing to remember as the December 31 deadline nears.

    The CPP post-retirement benefit – deciding whether to continue contributing (October 2023)

    October 11, 2023

    One or two generations ago, retirement was an event. Typically, an individual would leave the work force completely at age 65 and begin collecting Canada Pension Plan (CPP) and Old Age Security (OAS) benefits along with, in many cases, a pension from an employer-sponsored registered pension plan.

    Transitioning into retirement is now much more of a process than an event – often a complex process involving decisions around both finances (present and future) and one’s desired way of life. It’s now the case that almost every individual’s retirement plans look a little different than anyone else’s. Some will take a traditional retirement of moving from a full-time job into not working at all, while others may stay working full-time past the traditional retirement age of 65. Still others will leave full-time employment but continue to work part-time, either out of financial need (especially over the past couple of years) or simply from a desire to stay active and engaged in the work force.

    The flexible nature of retirement plans is reflected in changes made over the past decade to Canada’s government-run retirement income programs, particularly the Canada Pension Plan. It’s possible to begin receiving CPP benefits as early as age 60 and as late as age 70, with the amount of benefit increasing with each month that receipt of benefits is deferred. Many Canadians now choose to begin receiving their CPP retirement benefits while continuing to participate in the work force, part-time or full-time.

     At one time, beginning to receive CPP retirement benefits meant that, even for those who chose to remain in the work force, no further CPP contributions were allowed. That changed in 2012 with the introduction of the CPP Post-Retirement Benefit. The availability of that benefit means that those who are aged 65 to 70 and continue to work while receiving CPP retirement benefits must decide whether or not to continue making CPP contributions. Such individuals who make the choice to continue to contribute to the Canada Pension Plan will see an increase in the amount of CPP retirement benefit they receive each month for the remainder of their lives. That increase is the CPP post-retirement benefit or PRB.

    The rules governing the PRB differ, depending on the age of the taxpayer. In a nutshell, an individual who has chosen to begin receiving the CPP retirement benefit but who continues to work will be subject to the following rules:

    • Individuals who are 60 to 65 years of age and continue to work are required to continue making CPP contributions.
    • Individuals who are 65 to 70 years of age and continue to work can choose not to make CPP contributions. To stop contributing, such an individual must fill out Form CPT30 (https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/cpt30.html). A copy of that form must be given to the individual’s employer and the original sent to the Canada Revenue Agency. An individual who has more than one employer must make the same choice (to continue to contribute or to cease contributions) for all employers and must provide a copy of the CPT30 form to each employer.

      A decision to stop contributing can be changed, and contributions resumed, but only one such change can be made per calendar year. To make that change, the individual must complete section D of CRA Form CPT30, give one copy of the form to their employer(s), and send the original to the CRA.
    • Individuals who are over the age of 70 and are still working cannot contribute to the CPP.

    Overall, the effect of the rules is that CPP retirement benefit recipients who are still working and who are under aged 65, as well as those who are between 65 and 70 and choose not to opt out, will continue to make contributions to the CPP system and will continue therefore to earn new credits under that system. As a result, the amount of CPP retirement benefits to which they are entitled to will increase with each successive year’s contributions.

    Individuals who are currently considering whether to continue contributing the CPP will now have to take into consideration changes being made to CPP contribution rules beginning January 1, 2024.

    The basic structure of the CPP provides that anyone who is over the age of 18 and earns more than $3,500 per year must make CPP contributions equal to 5.95% of their income between $3,500 and a specified income ceiling. That income ceiling is known as the Year’s Maximum Pensionable Earnings and is set at $66,600 for 2023.

    Beginning in 2024, however, there will be two levels of required CPP contributions. Individuals who have annual income of less than the YMPE (likely to be around $70,000 for 2024) will continue to make CPP contributions of 5.95% of earnings between $3,500 and $70,000.  However, those whose earnings exceed that $70,000 income ceiling must pay 4% of those additional earnings, up to a second earnings ceiling. That second earnings ceiling – to be called the Year’s Additional Maximum Pensionable Earnings, or YAMPE – is likely be around $80,000 for 2024.

    The effect of the upcoming changes is that individuals who will have income of more than around $70,000 during 2024 must pay an additional CPP contribution of 4% of their income between $70,000 and $80,000 (in addition to the 5.95% contribution to be made on income between $3,500 and $70,000). The increased contribution will, of course, be reflected in the amount of PRB the individual receives; however, each individual will have to consider how much he or she will have to pay in additional CPP contributions and whether those increased costs are justified by the amount of any increase in future benefits. It’s important to note, as well, that anyone who chooses to continue making CPP contributions will be subject to both levels of CPP contribution requirements – it is not possible to “opt out” of making second-level CPP contributions.

    Where an individual does choose to continue making CPP contributions while working and receiving CPP retirement benefits, the amount of any CPP post-retirement benefit earned will automatically be calculated by the federal government (no application is required), and the individual will be advised of any increase in their monthly CPP retirement benefit each year. The PRB will be paid to that individual automatically the year after the contributions are made, effective January 1 of that second year. Since the federal government doesn’t have all of the information needed to make such calculations until T4s and T4 summaries are filed by the employer by the end of February, the first PRB payment is usually made in a lump sum amount, in the month of April. That lump sum amount represents the PRB payable from January to April. Thereafter, the PRB is paid monthly and combined with the individual’s usual CPP retirement benefit in a single payment.

    While the rules governing the PRB can seem complex (and certainly the actuarial calculations are), the individual doesn’t have to concern themself with those technical details. For CPP retirement benefit recipients who are under age 65 or over 70, there is no decision to be made. For the former, CPP contributions will be automatically deducted from their paycheques and for the latter, no such contributions are allowed.

    Individuals in the middle group – aged 65 to 70 – will need to make a decision about whether it makes sense in their individual circumstances (and considering the possible impact of the additional contribution requirements which will take effect in 2024) to continue making contributions to the CPP.  To assist in that decision, the Canada Revenue Agency provides a very helpful online calculator which enables individuals to obtain an estimate of the amount of PRB which they will receive. That calculator is available on the CRA website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/retirement-income-calculator.html.

    As well, while every situation is different, there are some general rules of thumb which will be useful in determining whether or not to continue making contributions to the CPP. Generally speaking, continuing to contribute makes the most sense for individuals whose current CPP retirement pension is significantly less than the maximum allowable benefit (which is, for 2023, $1,306.57 per month), as making such contributions will mean an increase in the individual’s CPP retirement benefit each month for the rest of their life. Conversely, for individuals who are already receiving the maximum CPP retirement benefit, or even close to it, there is likely insufficient benefit to be derived from continuing to contribute (especially for those who will be subject to the additional contribution amount requirements beginning in 2024, or who are self-employed and must therefore pay both the employer and employee contribution amounts). 

    More information on the PRB generally is available on the CRA website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-post-retirement.html.

    Year-end planning for medical expense claims (October 2023)

    October 11, 2023

    While our health care system is currently struggling with a number of significant problems, Canadians are nonetheless fortunate to have a publicly funded health care system, in which most major medical expenses are covered by government health care plans. Notwithstanding, there is a large (and growing) number of medical and para-medical costs – including dental care, prescription drugs, physiotherapy, ambulance trips, and many others – which must be paid for on an out-of-pocket basis by the individual. In some cases, such costs are covered by private insurance, usually provided by an employer, but not everyone benefits from private health care coverage. Self-employed individuals, those working on contract, or those whose income comes from several part-time jobs do not usually have access to such private insurance coverage. Fortunately for those individuals, our tax system acts to help cushion the blow by providing a medical expense tax credit to help offset out-of-pocket medical and para-medical costs which must be incurred.

    The bad news for such individuals is that while a tax credit is available, the computation of eligible expenses and, in particular, determining when a claim for the credit should be made can be confusing. In addition, the determination of which expenses qualify for the credit and which do not isn’t necessarily intuitive, nor is the determination of when it’s necessary to obtain prior authorization from a medical professional in order to ensure that the planned expenditure will qualify for the credit. For instance, in order to claim the medical expense tax credit for the cost of a cane or a walker, it is necessary to obtain a prescription for that cane or walker from a medical professional. However, where costs are incurred to purchase a wheelchair, those costs are eligible for the medical expense credit, with no requirement that a prescription of any kind be obtained.

    The basic rule is that the total cost of qualifying medical expenses (a lengthy list of which can be found on the Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/tax-return/completing-a-tax-return/deductions-credits-expenses/lines-33099-33199-eligible-medical-expenses-you-claim-on-your-tax-return.html) which exceed 3% of the taxpayer’s net income, or $2,635, whichever is less, can be claimed for purposes of the medical expense tax credit on the taxpayer’s return for 2023.

    Put in more practical terms, the rule for 2023 is that any taxpayer whose net income is less than $87,835 will be entitled to claim medical expenses that are greater than 3% of their net income for the year. Those having income of $87,835 or more will be limited to claiming qualifying expenses which exceed the $2,635 threshold.

    The other aspect of the medical expense tax credit which can cause some confusion is that it’s possible to claim medical expenses which were incurred prior to the current tax year but weren’t claimed on the return for the year that the expenditure was made. The actual rule is that the taxpayer can claim qualifying medical expenses incurred during any 12-month period which ends in the current tax year, meaning that each taxpayer must determine which 12-month period ending in 2023 will produce the greatest amount eligible for the credit. That determination will obviously depend on when medical expenses were incurred so there is, unfortunately, no universal rule of thumb which can be used.

    Medical expenses incurred by family members – the taxpayer, their spouse, and children who are under the age of 18 at the end of 2023, as well as certain other dependent relatives – can be added together and claimed by one member of the family. In most cases, it’s best, in order to maximize the amount claimable, to make that claim on the tax return of the lower-income spouse, where that spouse has tax payable for the year equal to at least the amount of the medical expense tax credit to be claimed.

    As the end of the calendar year approaches, it’s a good idea to add up the medical expenses which have been incurred during 2023, as well as those paid during 2022 and not claimed on the 2022 return. Once those totals are known, it will be easier to determine whether to make a claim for 2023 or to wait and claim 2023 expenses on the return for 2024. And, if the decision is to make a claim for 2023, knowing what medical expenses were paid, and when, will enable the taxpayer to determine the optimal 12-month period for that claim.

    Finally, it’s a good idea to look into the timing of medical expenses which will have to be paid early in 2024. Where those are significant expenses (for instance, a particularly costly medication which must be taken on an ongoing basis, or some expensive dental work) it may make sense, where possible, to accelerate the payment of those expenses to November or December 2023, where that means they can be included in 2023 totals and claimed on the return for this year.

    Increase in Old Age Security benefits for October to December 2023

    October 7, 2023

    The federal government has announced that amounts paid under the Old Age Security (OAS) program will increase for the fourth quarter (October to December) of 2023. The increases are based on changes to the Consumer Price Index.

    During the fourth quarter, the maximum monthly OAS payment for recipients under the age of 75 will be $707.68, while the maximum monthly payment to those age 75 and older is set at $778.45.

    Details of these and other benefits during the fourth quarter of 2023 can be found on the federal government website at https://www.canada.ca/en/services/benefits/publicpensions/cpp/old-age-security/payments.html.

    Employment Insurance premium rates for 2024

    October 7, 2023

    The Canada Employment Insurance Commission has announced the premium rates and limits which will apply for purposes of the Employment Insurance program during the 2024 calendar year.

    For 2024, as a result of indexation, maximum insurable earnings will increase to $63,200. The premium rate will be $1.66 per $100 of insurable earnings, meaning that the maximum employee premium for the year will be $1,049.12. Maximum premiums payable by employers (who pay 1.4 times the employee rate) are set at $1,468.77 per employee for 2024.

    The announcement of the premium rates and maximum insurable earnings for 2024 can be found on the federal government website at https://www.canada.ca/en/employment-social-development/news/2023/09/canada-employment-insurance-commission-confirms-2024-employment-insurance-premium-rate.html.

    About Expert Fiscaliste

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