Discuss these 5 fundamentals with your advisor to learn how they apply to you, and whether there are further details, qualifications or exceptions to consider.
1. What is a Registered Education Savings Plan (RESP)?
Purpose – The RESP is designed to help families and friends save for a child’s post-secondary education. It offers 3 main financial benefits: 1) Government money added to your contributions, 2) Tax-sheltered growth of all money in the plan, and 3) Tax eventually borne by the student-beneficiary, not contributors.
Post-secondary education – Qualifying education programs include apprenticeship programs, CEGEPs, trade schools, colleges and universities, in Canada or abroad. Employment and Social Development Canada (ESDC) keeps a master list of designated educational institutions on its website.
Plan type – An individual plan has one beneficiary. A family plan may include one or more of a parent, sibling, child or grandchild of a subscriber, whether by blood, adoption or step-relationship. A group plan is a collection of individual non-family plans administered based on age-determined groups.
How long a plan may stay open – There is no minimum or maximum age to open an individual plan, and you can even set one up for yourself. Contributions to a plan may be made up to 31 years after opening, and it may stay open for 35 years. If the beneficiary qualifies for the disability tax credit in year 31, contributions are allowed through 35 years, and it may stay open for 40 years.
2. Parties to the arrangement
Parties – The subscriber enters into a contract with a promoter to save for the education of a beneficiary.
Subscriber – There is generally no restriction on who may be a subscriber, other than being an individual (ie., not a corporation or trust). This person must provide a Social Insurance Number (SIN) to the promoter in order for the plan to be registered with the Canada Revenue Agency (CRA).
Beneficiary – Beneficiaries must be residents of Canada with a SIN when the designation is made by the subscriber. Beneficiaries of family plans created after 1998 must be under 21 when designated.
Promoter – A promoter is an organization that offers RESPs to the public. In order to do so, the promoter must first obtain written approval of a specimen plan from the CRA Registered Plans Directorate.
3. Contributions and tax treatment
Lifetime limits – From 1996 to 2006, the lifetime contribution limit was $42,000 for each beneficiary. Since 2007, the lifetime limit is $50,000. This dollar limit may be spread across any number of plans.
Annual limits – An annual contribution limit of $2,000 applied in 1996, and $4,000 from 1997 to 2006. Since 2007, there is no annual limit, but there are limits to the amount of government assistance that may be received annually (see below), which could influence your contribution timing decision.
Qualified investments – RESPs may generally invest in the same kinds of deposits and marketable securities allowed for RRSPs and other registered plans.
Tax treatment –
- Coming in – RESP contributions are after-tax, meaning there is no tax deduction for placing funds into a plan. Government assistance is not taxable when credited to a plan.
- Within – While in the plan, there is no tax on income or growth, whether on your contributions or on any government assistance.
- Coming out – When taken out for the beneficiary’s education, all income and government assistance are taxable to the student-beneficiary. The later withdrawal of the portion that is your own contributions is not taxable. (See below, “Funds coming out of a plan”)
Excess contribution tax – If the lifetime limit is exceeded across all plans for a beneficiary, each subscriber for that beneficiary is liable to pay a 1% per-month tax on his or her share of the excess contribution that is not withdrawn by the end of the month.
4. Government assistance
Basic Canada Education Savings Grants (CESG) – The basic CESG is up to $500 annually, paid by matching 20% of your contributions up to $2,500. Unused room carries forward to claim on top of a future year’s room, to a combined annual maximum of $1,000. Room is earned whether or not an RESP is open. The lifetime maximum is $7,200. Any CESG must claimed before the beneficiary turns 18.
CESG for age 16 & 17 – CESG grants are only available for ages 16 & 17 if you’ve put in at least $2,000 by the end of the year your child turns 15, or at least $100 in any 4 years by then.
Additional CESG (A-CESG) – On the first $500 of contributions, A-CESG is paid if the beneficiary’s primary caregiver is in the first two federal tax brackets, being $48,535 and $97,069 for 2020 income. It’s an additional 20% match up to $100 if in the first bracket, or 10% up to $50 if in the second bracket.
Canada learning bond (CLB) – For an eligible child in a low-income family, the CLB provides $500 for the first year of eligibility and $100 annually to age 15, for up to $2,000 total. Eligibility depends on income of the primary caregiver and any cohabiting spouse/common law partner (CLP), and the number of children in the home. No personal contributions are required in order to receive the CLB.
Provincial support – Some provinces contribute to RESPs using matching and/or age-related criteria.
5. Dealing with the accumulated plan
Funds coming out of a plan – The subscriber may choose how much and what type of draw is to be taken from the RESP. The when depends on the criteria for each type of draw.
- Education assistance payment (EAP) – An EAP is any payment to a beneficiary to further his or her post-secondary education. It comprises the income and any allocation of government assistance, and is fully taxable to the beneficiary. A maximum of $5,000 may be taken in the first 13 weeks of a full-time program, though ESDC will consider requests beyond this level on a case-by-case basis. There is no dollar limit thereafter, but for requests over an indexed annual threshold ($24,432 in 2020), the promoter must seek the review/consent of ESDC.
- Refund of contributions – RESP contributions can be returned to the subscriber at any time without tax consequences. However, they may trigger a repayment of government assistance, which should be confirmed with ESDC before initiating.
- Accumulated income payment (AIP) – This is a payment of the income to the subscriber, generally only if all beneficiaries have reached age 21, with none eligible for an EAP, and the plan having existed at least 10 years. An additional 20% tax applies (effectively matching the matching grant rate), which may be avoided by allocating the AIP to a subscriber or spousal RRSP. Once any AIP is taken, the plan must normally be closed by March of the following year.
- Rollover to Registered Disability Savings Plan (RDSP) – If at any time the beneficiary qualifies for the RDSP, a tax-free rollover of the RESP income may be possible. Government assistance from the RESP will not roll to the RDSP (so must be returned to ESDC, or province per its rules), and the amount rolled over will not qualify for RDSP government assistance.
- Payments to a designation educational institution – If funds remain in the plan and the subscriber does not qualify under the foregoing draw options, a payment may be made to a Canadian designated educational institution. The subscriber is neither taxed on the amount, nor allowed a donation receipt.
Sole subscriber, lifetime transfer – During lifetime, a sole subscriber may only transfer a plan to a spouse/CLP, which must be as part of a division of assets under a written agreement or court order.
Joint subscriber, transfer at death – After 1997, only spouses may be joint subscribers. They’re bound by the promoter’s contract while both are living, and upon a death the survivor becomes the sole subscriber.
Sole subscriber at death – On death, the plan becomes the property of the estate, to be dealt with in one of three ways: 1) You may direct in your Will to transfer to a successor subscriber, not necessarily a spouse/CLP, 2) The plan may continue with your estate as subscriber, or 3) The plan may be wound down with the net proceeds directed as either a specific legacy or as part of the estate residue.