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Posts from the ‘Legal’ Category

Playing with House Money: How to Maximize Your Savings When Saving for that First Home

It’s not exactly a newsflash that buying a first home in today’s Canada is only a pipedream for many. Prices soared to new highs across the nation during the heights of the Covid pandemic and, although we are now well off of those highs, the subsequent rampant run-up in interest rates has vastly decreased how much potential buyers can and should borrow. Making things even worse, 2022’s stock market decline chipped away at many potential down payments and the current stratospheric level of inflation means that a portion of many pay cheques earmarked towards home savings have been diverted to things like gas and groceries. The reality is that for many young Canadians, their only chance of getting into the housing market any time soon is from either playing the lottery or with a little help from someone else.

While reading this article will not create a down payment out of nothing or magically reduce mortgage payments, a little strategic financial planning, a lot of patience and a healthy assist from the investment gods may ultimately see you or your loved ones finally in a place of their own. Whether you’re saving up for your own abode or a parent / grandparent looking to give a youngster a leg up, here are a few ways suggestions to help achieve this lofty goal.

What This Article Won’t Do

I don’t plan on talking about any provincial programs that focus on saving property transfer tax, nor any federal or provincial programs that rebate any PST, GST or HST when buying new or substantially renovated homes. I will say in BC that if a couple is purchasing a home and one has already owned a home previously, it’s worth getting legal advice to discuss potentially having solely the first-time buyer on title initially.

I also don’t plan on providing any specific investment recommendations, other than a few quick comments that I’ll make now. First, just like when setting up any other investment account, picking investments that match your time horizon is vital, as is also adjusting this mix as you get closer to the finish line. Although swinging for the fences can pay dividends if you capture a market upturn, the reverse is true if the market swings the other way. If you’ve already saved up enough for that down payment, it’s time to take risk off the table and reduce volatility. This is particularly important for savers already shopping the market or waiting to close on a property, but also applies for those of you perhaps still a year or two away, waiting for prices and / or rates to drop before putting a toe into the property market.  This opportunity might instead pass you by if your investment portfolio suffers a similar decline.

You’ll also need to make your own investment decisions or get professional advice, but a couple types of investments I currently own might not be things many of you have considered before. I currently own both some private mortgage funds (MICs) geared towards residential mortgages and some structured notes that provide both a healthy income and downside protection. There are downsides and risks to both, as there are for any investment, but both of these minimize stock market risk, although you’d also need to confirm that  minimum holding period isn’t too long for your purposes, and whether you have sufficient income or savings to meet eligibility requirements.  And, neither of these options are appropriate for all savers.

Setting the Stage

For many, the best path to their first front door will combine several of the different strategies I’ll discuss below – there are contribution or withdrawal limits to some of the government plans meant to assist with first home purchases, which means having to fund more than one type of savings or investment account. Moreover, savers may also need to pick from different government plans, as using one type of government-assisted plan may disqualify them from using some others. Finally, if other family members are also hoping to assist youngsters, they won’t have access to all of the same government assisted savings plans. Ultimately, if purchasing that home requires a combined family effort, the best strategy may involve different people saving or contributing in different ways.

Furthermore, just to make this all that more confusing, one size will not fit all, as we all have different financial realities, timelines and goals. Your job after reading this article will be to cherry pick what options best fit your reality and take whatever steps are required to move forward, either on your own, with the rest of your family or with the assistance of whatever advisors you need to make things happen.

I will also wait until next time to discuss some of the considerations parents and grandparents wishing to contribute can do to protect themselves and the lenders in lieu of gifting, such as lending, guaranteeing mortgages or co-owning.

So, with no further delays,  prevarications, or qualifications, here we go . . .

Tax Free Home Savings Accounts (“THSA”) – Coming soon to a financial institution near you

Key Benefits:

  • Tax- deductible contributions.
  • Tax-free withdrawals with no repayment requirements.
  • No cap on the amount that can be used for a down payment, although there is a cap on yearly and total contributions.
  • Flexibility to transfer back and forth into RRSPs.

Key Disadvantages:

  • $8,000 annual funding limit and $40,000 lifetime funding cap.
  • Limited carry-forward room if you don’t maximize each year’s limit.
  • A higher income spouse cannot fund and deduct contributions to lower income spouse’s plan.
  • Savers cannot use the RRSP Homebuyers Plan towards a down payment if they use the THSA.

This account combines the best features of both RRSPs and TFSAs. Starting in 2023, everyone over 18 (or likely 19 in provinces with a higher age of majority) who hasn’t owned a home in about 5 years can contribute $8,000 each year if maximizing their yearly contributions into this account, with a lifetime contribution limit of $40,000.  Like a TFSA, contribution room is based on age rather than income. As well, all qualifying withdrawals are tax-free, with no repayment requirements, unlike when borrowing from an RRSP.  Even better, there is no cap on how much you can eventually withdraw, other than you can only keep your account open 15 years. In other words, although you can only put in $40,000 and will have to wait at least 5 years to squeeze in your last dollar, you could potentially withdraw hundreds of thousands tax-free if you corner the stock market and / or get a little lucky, particularly if the money has many years to compound.  Of course, swinging for the fences can also mean watching your contributions vanish, so make your investment decisions with your eyes wide open.

As is true for RRSPs, contributions are tax-deductible, which allows investors to invest more, since contributions either reduce how much they have to set aside for taxes or will result in a tax refund to refill the coffers. And there is no need to deduct contributions in the year they are made if expecting a big bump in salary next January (and thus a bigger refund) or that first real job is many years away. It’s even possible to transfer RRSP money to your THSA to fund contributions if money is tight one year, although you won’t get any RRSP contribution room back. The reverse is also true if you ultimately never enter the housing market – you can transfer THSA money into your RRSP without triggering tax and the amount transferred will not affect your regular RRSP contribution limits.

Finally, investors must choose between the RRSP Homebuyers Plan (the “HBP”) and the THSA, as Ottawa won’t allow buyers to use both programs. Accordingly, although the THSA might be the way forward with someone with several years to contribute and save, it might not be the solution if you’ve already saved up $35,000 in your RRSP (the max you can contribute through that program towards a home), and your first home purchase is within the next couple years.

That said, my suggestion is to investigate funding the THSA if not already attending open houses and schmoozing with mortgage brokers. The funds can always be transferred to the RRSP and used towards that down payment option if HBP ultimately turns out to be the best way forward. And, if that first purchase is delayed a few years and / or the investments in the THSA do well, the saver can simply fund the down payment from the THSA. As an added bonus, since money deducted under the THSA doesn’t count against RRSP contribution limits, if the funds are ultimately transferred to the RRSP anyway, the saver will have more RRSP contribution room for use in the future compared to someone who instead put the same amount into an RRSP instead.

If looking to hedge your bets, a saver can also continue making RRSP contributions on top of THSA contributions if they have the funds and suspect that they will likely be using the RRSP option. This may allow them to reach the $35,000 RRSP borrowing limit sooner (including money they later transfer over from the THSA.) Before doing so, however, I suggest investigating whether they should be putting the extra funds into their TFSA instead unless convinced they will be using HBP to fund the purchase. Generally, savers in a lower tax bracket with a longer time horizon before purchase are often better off putting extra funds into their TFSAs after maximizing THSA contributions if hoping to eventually save the highest down payment possible –since the HBP caps withdrawals at $35,000, putting the extra cash into a TFSA after funding the THSA could eventually mean a far larger down payment one day, since both the TFSA and THSA allow the full account balance to go towards that first home. If the excess contributions go into an RRSP instead but the THSA is later used for the down payment, the extra RRSP contributions and growth are trapped inside the RRSP and cannot be withdrawn without triggering tax.

On a related note, even if the account balance of the THSA isn’t quite $35,000 when it is time to buy, savers may still opt for this option over the HPB.  HBP participants will have to start repaying their RRSPs within a few years of withdrawal (to a maximum of $2,300 per year) and none of these repayments are tax deductible. Someone who uses the THSA instead can use those same dollars towards a mortgage, TFSA contribution or living expenses. Or, if they do put the money into their RRSP, these contributions are tax deductible. Accordingly, even though their THSA isn’t quite worth $35,000, the extra flexibility and future tax savings they might reap going forward might convince many savers to use this funding option.

Changing directions, there is one major drawback to the THSA – this plan offers minimal catchup contributions. Savers cannot carry forward any unused contribution room unless they’ve already opened a THSA. Moreover, even after a plan is in place, savers who don’t take advantage of their yearly maximum contribution can only carry forward a combined $8,000 to use later, capping out yearly contributions at $16,000, no matter how many years have passed. In other words, if you don’t open an account in 2023, you will have no carryforward room for 2024 and can contribute only $8,000. And, if you do open an account in 2023 and contribute $1,000, you’d be able to contribute $15,000 in 2024. And, if you didn’t at all in 2024, your carry forward room would only increase by $1,000 to $16,000.

Due to this limited carryforward room, if looking to use the plan, it makes sense to start sooner rather than later, even if making only a minimal contribution or perhaps transferring money from an RRSP to fund that year’s contribution. One question that still remains in my mind is whether money in a spousal RRSP (i.e., one funded by presumably the higher income spouse for that other loved one’s benefit) can be transferred to the receiving spouse’s THSA. Although I am hopeful this will be the case, I am reserving judgement since the rules don’t allow a higher income spouse to fund the other’s THSA directly.

Registered Retirement Savings Account Home Buyers Plan (“RRSP” or “HBP”)– Borrowing from tomorrow to help pay for today

Key Benefits:

  • Contributions are tax-deductible and unused contribution room can be carried forward indefinitely.
  • Higher earners or those with lots of unused room can maximize funding far sooner, which can be important for savers close to purchasing.
  • Flexibility to transfer back and forth with THSAs.
  • Potential tax savings if higher income saver can contribute and write off contributions to a lower income spouse by funding a spousal RRSP, which can be used to increase the down payment.

Key Drawbacks:

  • Withdrawals capped at $35,000 and must be repaid within 15 years starting from a couple years post withdrawal in yearly increments.
  • Takes away from growth of retirement savings.
  • Income-based, so starving students may not be able to contribute until employed. Savers with defined benefit pensions will have limited RRSP contribution room.
  • Borrowing from your RRSP to fund a down payment disqualifies that saver from also using the THSA.

Although RRSPs are designed primarily to save for retirement, there is an exception for anyone who hasn’t owned a home in essentially 5 years, with a few exceptions, such as for the recently divorced. You can borrow from yourself interest-free, but you need to start repaying your RRSP account a couple years later according to a 15-year repayment schedule. If you don’t make a repayment, you’re taxed on that year’s minimum repayment amount as if you’d made an RRSP withdrawal of that amount. On the other hand, you don’t get any new tax deduction when repaying yourself, as you already got your discount when contributing in the first place, which makes repayments more onerous than regular deductible contributions. For couples in different tax brackets, it’s possible for the higher income spouse to make contributions to something called a “Spousal RRSP” and for the receiving spouse to use that money towards the down payment. The contributing spouse uses up their own RRSP room and gets the tax deduction, but the money goes into a separate RRSP that the receiving spouse can use to come up with all or some of their own $35,000 in eligible withdrawals. Ultimately, most couples using this strategy aim to have $35,000 each to put towards a down payment, whether each funds their own plan or if the one in the higher tax bracket helps the other come up with all or some of the necessary funds through spousal RRSP contributions. Using the Spousal RRSP option if there is a big disparity in taxable incomes and the goal to only contribute enough RRSP dollars to max out the HBP, then the Spousal RRSP option can be a gamechanger.

The spousal contribution option is one perk that is exclusive to HBP – the THSA allows us to only deduct contributions to our own accounts. As a result, the HBP is more tax-efficient for couples in wildly different tax brackets, since the higher income spouse can essentially contribute for both of them and have the tax deductions based on that spouse’s income.

Moreover, unlike the THSA, RRSP room is based on taxable income. Savers without work pensions can contribute 18% of their qualifying income to next year’s RRSP to a yearly cap that will be $30,780 in 2023, plus all previously unused contribution. The result is that savers that are late to the game can potentially put in and deduct a lot of money in a hurry to fund a HBP withdrawal, unlike the pending THSA, which is a longer-term play.

Unfortunately, savers with work pensions earn far less RRSP room but might still be able to play RRSP catchup if they have lots of unused room from the past. As a result, although the HBP might not be ideal for some savers with significant work pensions and microscopic RRSP room, all is not lost if they already have a sufficient RRSP, a spouse that could make a spousal RRSP contribution, or enough RRSP room from the past to get there on their own.

Tax-Free Savings Account  (“TFSA”)– Maximum flexibility, but no write-off

Key Benefits:

  • Maximum flexibility, as this account can be used for any other purpose without triggering tax if plans change.
  • Not income-based, so savers over 18 or 19 can start funding contributions even if not working, should other family members wish to lend a hand.
  • Any withdrawals can be recontributed in the next tax year onward.
  • All unused contribution room can be carried forward indefinitely, which can allow large initial contributions for older savers.
  • Can be used in conjunction with either of the other government plans just discussed.

Key Drawbacks

  • No deduction for contributions.
  • Limited annual  new contribution room (i.e., $6,500 for 2023.)

The TFSA is a general-purpose savings account with no deduction for contributions, but both tax-free growth and tax-free withdrawals, regardless of how the money is used. Everyone 18 or older earned $6,500 in new contribution room for 2023 and can contribute any unused room from past year whenever the heart desires and finances allow from the year they turn 18 onward (or 19 in places like BC.) Moreover, any withdrawals may be recontributed in later years, which is an important benefit to this program that I’ll say more about later.

The major advantage of the TFSA is that it can also be used in conjunction with either of the other two options, either to augment savings after maximizing contributions to either RRSPs or THSAs, or as way to build savings until the saver has enough taxable income to benefit from either of the other plans. In other words, rather than funding an RRSP initially when in a low tax bracket, the money could instead grow tax-free in a TFSA first before eventually going towards RRSP contributions when the saver can actually benefit from claiming the RRSP deductions. Even better, when the money is eventually contributed to the RRSP, hopefully the amount that can be contributed will have grown due to savvy investing while the money was in the TFSA, which means a bigger tax refund that would have been possible if the money had gone straight into one of the other two options.

The same applies for THSA contributions as well if the saver isn’t in a high tax bracket, although savers would likely want to max their $8,000 per year contributions to that plan asap and only use the TFSA for the excess. That’s because the $8,000 that goes into the THSA is tax deductible (unlike TFSA contributions) and the saver can wait until in a high enough tax bracket to make claiming the deduction worthwhile.

Finally,  unlike HPB, there is no maximum withdrawal limit on a TFSA, nor any repayment option. An investor maximizing both TFSA and THSA contributions could hypothetically fund the entire purchase using these plans if they hit an investment grand slam or didn’t live in a place like Vancouver or Toronto.  And, the previously mentioned ability to recontribute any withdrawals will increase how much (s)he can shield from tax in the future if they strike it rich or want to tax shelter some of their inheritance one day – someone contributing $50,000 to a TFSA but later withdrawing $150,000 would be able to shelter $100,000 more when their ship comes in later in life than someone who never used their TFSA in the first place! When the tax savings from having that extra hypothetical $50,000 grow for perhaps decades are factored into the mix, the TFSA starts to look better and better.

Family Trusts – Are the hassles worth the tax savings?

Key Benefits:

  • Potential massive tax savings if the contributor is in a high tax bracket.
  • Can allow purchase funding to start far earlier than most other options.
  • Can be used to augment a youngster’s other savings vehicles or to provide the money to fund those plans.

Key Drawbacks:

  • Setup and annual costs, plus the headache factor, make this option only really attractive in Wills or when there is perhaps $500,000 plus to contribute at once or over a few years.
  • Current minimum trust loan rates (Jan 2023) are 4%, which is far less attractive than the 1% loans offered until July of 2022.
  • May require faith that money allocated to youngsters will ultimately be used responsibly when they are adults.

Trusts either created in a Will or funded during life by gifts or interest-bearing loans at the minimum government rate then in effect are an incredibly valuable tool for families with enough non-registered money to make the costs and effort worthwhile. If set up correctly, they can transfer income that would have been taxed at far higher rates in the hands of older generations to their spouses as well as younger and poorer family members, including minors in some cases. The benefits of a decade or two of extra money left to compound these yearly tax savings can almost seem magical and can make massive difference to junior’s later housing prospect.  

As an added benefit, although there might be a sizeable chunk of change in the trust that is used to create taxable income and capital gains, trusts can be drafted so that the original capital loaned or gifted to the trust doesn’t necessarily have to pass to the child. Perhaps just as importantly, how much of the income or gains get allocated to the various family members can be discretionary, so that no funds get distributed to a child or grandchild who hasn’t got their act together quite yet. The trust can also lend the youngster funds on an interest-free basis so that the family has some control over at least that amount if the child goes off the rails or perhaps as a way of providing a bit of protection in the event of a divorce or creditor concerns.

On the other hand, trusts can allocate money to youngsters but keep the funds invested inside the trust, issuing the child an interest-free promissory note. Over time, if the value of the note continues growing, this can eventually be the down payment. Once that child is an adult, however, they can call in the note to use any way that they like. Accordingly, each family would need to determine their own comfort level. Rather than issuing these promissory notes, the family can simply use each child’s annual allocations to pay that child’s expenses or reimburse their parents. This still leaves the family with far more money than it would have otherwise had if the investments perform as expected but reduces the risk that junior might spend 2 decades worth of Promissory Notes on a really big truck as soon as (s)he officially becomes an adult.

Obviously, a trust funded by a living relative is not something that every family can afford and the dramatic increase in the minimum interest that must be paid on borrowed funds also eats into some of the profits. Moreover, for trusts created in Wills, it is usually impossible to know exactly when they will be funded.  In many cases, although they may still be an invaluable tax saving vehicle for future generations, the money going into the trust may only arrive after a child or grandchild has already purchased.

Life Insurance – Living benefits from an asset meant to pay out at death.

Key Benefits:

  • Provides later protection for the child’s family while also creating a side savings account that will grow tax efficiently which can be used as needed later in life.
  • Money can be accessed in a variety of ways.
  • Ensures insurance for the child even if their health later changes.
  • Provides protection to the family if a child passes away, particularly after incurring significant medical costs. Allows parents time to grieve.

Key Drawbacks:

  • Requires funding many years in advance and a parent / grandparent who is willing to assist.
  • Annual payments are required for at least 10 years in most cases.
  • Some withdrawals in the child’s hands may be partially taxable.
  • May not direct as much money towards a down payment as some of the other options, as some of the premiums go towards the life insurance benefit.

Permanent life insurance with a cash value is another all-purpose savings tool that can lend a hand when junior wants to get his own pad. The purchaser of the policy is usually a parent or grandparent who gets things going before the toddler has started to crawl. They purchase the policy for typically a combination of reasons:

  • Ensuring that the child will have protection for their own children one day even if their health later makes insurance extremely expensive or impossible;
  • An intergenerational wealth building strategy that allows excess allowable contributions to the policy to compound essentially tax-free until it eventually produces a tax-free death benefit; and
  • Most importantly for the current discussion, a savings strategy to accumulate a pot of money the child can use during life in various ways, such as purchasing a home.

Interestingly enough, even though the death of a child, particularly after a long and expensive illness, can have a profound effect on family finances, most people don’t purchase policies on children with this risk in mind.

The typical strategy involves purchasing a “participating whole life policy” (although other policy options are available) and paying the maximum amount allowed under the tax rules into the policy each year, which is usually many times more than the minimum required payment for at least 10 years, although 20 is better. The excess cash grows virtually tax-free in the policy at a set rate each year determined by the insurance company that usually increases when interest rates increase. After contributions stop, some of the annual income (called “policy dividends”) on the accumulated cash value is used to pay that year’s premium and the remainder is reinvested Moreover, some policies also have guaranteed annual increases to the cash value as well, which further grows the war chest that junior can tap into in later life.

Still others are “paid up” in a set number of years (usually 10 or 20), which means that no further premium payments are required or deducted from that year’s policy dividend payment. For safety-minded investors, a participating whole life policy is ideal, as it works a lot like a savings account — all policy dividends and the cash value are locked in once earned and accumulate like compound interest. The only way the cash value will ever decrease is if the owner makes withdrawal or to pay the annual premium or policy fee. At this point, policies typically pay about 6% per year, although the expectation is that this will increase due to the drastic increase in interest rates this year, although increases inside the policy usually lag interest rate increases.

Relating all of this to home purchases, the process works as follows. The (grand)parent(s) buys and own the policy and maximizes allowable contributions each year for 10 or 20 years. Eventually, they transfer the policy to their child or grandchild. The youngster can then withdraw all or some of the cash value, some of which can come out for free and some which will be taxed as income. The money can be used towards that first home either directly or perhaps to fund contributions to one of those government accounts mentioned earlier, particularly the THSA, in order to offset any potential tax owing on the withdrawal.

There are other potential ways of accessing the money, such as “borrowing” your money from the insurance company through what is called a policy loan, so the cash value continues to accumulate inside the policy or, for policies with larger cash values, using them as collateral for bank loans. And if youngster isn’t attracted to the allure of home ownership, the money in the policy can always be used for other purposes, like educational funding, or continue to grow inside the policy until the time is right or add to the eventual death benefit used to protect that youngster’s own family.

Conclusion – A hopefully spellbinding conclusion commingled with a call to action

Buying a first home in Canada has never been more difficult and, until today’s combination of high prices and high interest rates abate, things will not  be changing any time soon. For that reason, knowing how to make the most out of what you can do is critical, as options and strategies do exist. Your job is to review the information I’ve provided, plus what you find elsewhere to make every dollar go as far as possible, whether you’re saving for that house yourself or helping someone get a place to call home. Next time, I’ll write a bit more about some other ways parents or grandparents who have already accumulated the funds can lend a hand while minimizing risk.

Online Wills Seminar Wednesday November 30 at 2:10 pm PST

I’ve been given the opportunity to reprise the seminar I gave in Toronto this September for those members of the Canadian Moneysaver readership who couldn’t attend in person. If interested in attending, please following the following link:https://online.moneyshow.com/2022/november/world-of-etf-investing-canada-virtual-expo/speakers/ffvcms0311172/colin-ritchie/?scode=058455

Recording of My Wills Presentation

Thanks to everyone who tuned in yesterday to hear my presentation on Wills, Chills and Thrills. For those of you who weren’t able to make it, here is a recording. As well, if you want the slide deck, drop me a line. There were some technical difficulties in posting the link yesterday and I’m hoping that today’s effort is more successful. Please let me know if not the case!

https://colinsritchiecom-Fhttps://colinsritchiecom-my.sharepoint.com/:v:/g/personal/colinritchie_colinsritchie_com/EfnPaKRi6GtNg08zeVJ9DNABVtWGvGTrYCouEAzg1WQYVA?e=P9HrJF

Free Online Presentation – Wills, Thrills & Chills – The Good, The Bad and the Ugly – Saturday, October 1, 10:00 AM PDT

As my presentation last Saturday in Toronto wasn’t available to anyone who wasn’t able to attend in person, I have decided to schedule an online version for those of you who are interested. If that’s you, you can sign in through the Teams Link below, either through your browser or by downloading the Teams App and having it installed on your computer directly. As my goal has always been to pass along as much useful information as possible to anyone who wants it, don’t hesitate to share this with anyone else that you think might be interested.

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