Easing spousal loans – A CRA commentary offers repayment flexibility

Prescribed rate loans are a mainstay of spousal income splitting. A high-income spouse lends to a low-income spouse to invest in a non-registered portfolio, allowing investment income and associated tax to shift from the former to the latter.

So long as interest on the loan is paid according to the rules, it may remain outstanding indefinitely. As the portfolio grows, spouses may also be motivated to keep a loan going for another reason: If the whole portfolio must be sold to retire the loan, there may be an unwelcome realization of large capital gains.

But does the whole portfolio really have to be sold? Recent comments from the Canada Revenue Agency (CRA) suggest that loan retirement is more flexible and tax-friendly than may have been feared.

Recapping the rationale

Our progressive rate income tax system is based on the individual as the taxed unit. If you as a high bracket taxpayer try to work around this by making a gift to someone close to you, like a spouse, investment income on that gifted property will be attributed back to you. However, if this is done through a loan charging interest no less than the prescribed rate according to tax regulations, there is no attribution.

The prescribed rate is set quarterly, calculated as the average yield of Government of Canada 3-month T-Bills auctioned in the first month of the preceding quarter, rounded up to the next whole percentage. It is presently at 1%, its lowest possible rate, and will continue that way until at least March 2021.

The borrowing spouse is taxed on the investment income less interest paid, and in turn the interest is taxable to the lending spouse. The interest must be paid during the year, or no later than 30 days after year-end. As well, there must be an actual payment, meaning that it can’t just be a bookkeeping entry or further gift or loan from the lender.

Failure to comply with the rules at any point will taint the arrangement, such that attribution will apply for that year and on into the future.

Paying down or replacing loans

While the loan may remain outstanding indefinitely, there may be situations where it would be desirable to pay it off. For example, the borrower may inherit or otherwise come into a substantial sum.  Arguably that money could be invested alongside the existing arrangement, but depending on what else is going on in their lives at the time, the couple may decide it’s best to retire the loan.

Another scenario is where there is an existing loan that was established while the prescribed rate was higher than at present. A lower interest rate would both increase the borrower’s net return and decrease the income inclusion for the lender. As the rules do not allow the couple to simply change the rate by stroke of a pen, the past loan must be closed-out before a new one can be advanced.

Assuming there’s no other money in reserve, the source to pay off the existing loan would have to be that same investment portfolio. Playing devil’s advocate (without casting aspersions on our tax authority), with anything short of full disposition, could it be argued that the borrower is still investing and earning off the original borrowed money? If so, would that then taint the second loan from the beginning?

Favourable CRA view on refinancing

At the Canadian Tax Foundation conference in October 2020, the CRA was given the scenario of an original $100,000 prescribed rate loan at 2% that had grown through investment to $200,000. It was asked about the implications if the borrower sold half the investments to retire the loan, followed by a new $100,000 loan at 1%, also to be invested.

With respect to potential attribution on the continuing investment from the original loan, the CRA official quoted a section from IT-511R that allows exemption from attribution once “the loan is repaid” – Nothing more was said on the point. With respect to investment of the second loan proceeds, it was acknowledged that it could similarly qualify for the exemption from attribution, as long as all other conditions are satisfied.

Helpfully, CRA further mentions the attribution rule where a new loan is used to pay an existing loan. The response expressly notes that this rule “would not technically apply in this situation as the proceeds from Loan 2 are not used to repay Loan 1.”

This is good news for spouses looking to refinance a loan at a lower rate while keeping from triggering excessive capital gains on appreciated investments. As CRA itself highlighted, form and process matter here, so the couple should take care to execute the steps in the approved order, and document accordingly.

Federal Fall Economic Statement – November 30, 2020

This is a brief summary of the key items from yesterday’s Fall Economic Statement (or PDF) relevant to individuals mainly, and a bit for small businesses. Specifically, this stays away from spending summaries, economic data, broad program promises and the politics. (See CBC CTV Huffpost.)

Hyperlinks below are to the main page for the respective program for background, as most (if not all) of the new spending still has to be passed by Parliament.

Canada Child Benefit (CCB) and Child Disability Benefit (CDB)
  • Temporary support in 2021 for families entitled to the Canada Child Benefit, through four tax-free payments for each child under the age of six. To be paid when enabling legislation is passed, then April, July, and October 2021.
  • $300 quarterly payment per child, for families with net income at or below $120,000
  • $150 quarterly payment per child, for families with net income at or below $120,000
  • $300 quarterly payment per child, in respect of whom a Children’s Special Allowance is paid (via federal, provincial, territorial and First Nation child protection agencies that care for vulnerable children)
Creating Opportunities for Youth

Canada Summer Jobs

  • Increase support from 80,000 job placements in 2020-21, to 120,000 in 2021-22
  • Allow hiring of youth outside summer months, and easier part-time support qualification
  • Maximum wage support to employers up to 100% of minimum wage per employee

Youth Employment and Skills Strategy

  • $575M investment over next two years to provide 43,500 job placements

Canada Student Loans and Canada Apprentice Loans

  • Eliminate the interest on repayment of the federal portion for 2021-22
Personal protective equipment and GST/HST
  • Remove the Goods and Services Tax/Harmonized Sales Tax (GST/HST) from the purchases of face masks and face shields, effective December 7, 2020
Simplifying the Home Office Expense Deduction for 2020
  • Allow employees working from home in 2020 due to COVID-19 with modest expenses to claim up to $400, based on the amount of time working from home
  • Not required to track detailed expenses, and will generally not require a signed form from employers – “Further detail will be communicated by the CRA in the coming weeks.”
Home energy retrofits
  • Up to 700,000 grants of up to $5,000 to help homeowners make energy-efficient improvements to their homes over the next 7 years, retroactive to December 1, 2020
  • Up to one million free EnerGuide energy assessments
First-Time Home Buyer Incentive (FTHBI)
  • Enhance eligibility in the higher priced markets of Toronto, Vancouver and Victoria
    • Raising the multiple from 4 to 4.5 times household income
    • Eligible income threshold raised from $120,000 to $150,000
    • To be effective
Canada Emergency Wage Subsidy (CEWS)
  • Increasing the maximum rate to 75% for the period beginning December 20, 2020 and extending this rate until March 13, 2021
Canada Emergency Rent Subsidy (CERS) and Lockdown Support (LS)
  • Extending the current rates until March 13, 2021
  • Both programs to continue to June 2021

My 3-reserve approach: Emergency–Bridge–Buffer

[This article also posted to Linkedin here]

Last week I posted a comment on social media linking back to an FP Canada survey that noted, among other interesting observations, that “almost four in 10 (37%) Canadians say they rarely or never put money aside in an emergency account.”

In my cover comment, I mentioned that I myself had three types of such funds or reserves – emergency, bridge and buffers – and that they served me well recently when I was going through career transition. (For those not familiar with the latest lingo, that means I was between employers.)

Someone asked me what I meant, and how I quantify those. I gave a short response (it being fleeting social media), but thought I’d provide here a bit more detailed explanation of how I view and use these three types of reserves.

What’s your emergency?

The problem with a blanket emergency fund is that most people don’t define what constitutes an emergency.

The classic  ‘I’ll know it when I see it’ view is no help. That could make it anything from just a slush fund – as in literally, ‘I could really go me a slush on this hot day’ – all the way up to it never being touched because it would require worldwide armageddon.

In my 3-part distinction, an emergency is something that is truly unexpected due to its nature and/or timing, that demands an immediate and significant financial response. It’s a medical diagnosis no-one expects, or property damage beyond what you reasonably insured for, or maybe even a new addition to the family well after you’ve auctioned all the stuffies on Kijiji.

So, mea culpa, I’m not giving it a specific definition myself. I am however setting aside an amount every week (which was reduced but not paused during career transition) so that we’re prepared for that non-ventuality. If that emergency doesn’t come as we’re nearing our work-optional threshold, it may accelerate that date a bit, keeping in mind (and keeping in reserve) that emergencies can happen at any life stage.

A bridge to … when

I started with the emergency fund above, in keeping with what people expect to discuss as the primary reserve. I too have written using this umbrella reference. Getting more nit-picky on how I parse it out personally, what many people call an emergency fund, I call a bridge fund. So despite that I’m writing on it second, I believe this to be the first priority topic and target among the three.

It’s a bridge fund because it allows you to keep moving forward in your life journey when the road beneath you has been washed away.

With all due respect to thumbnail wisdom, an arbitrary target like 3 or 6 months has nothing to do with specific circumstances, though I wouldn’t argue against this as impetus to begin funding one’s reserve.

Ideally your bridge fund is based on how much time it takes to get re-situated or re-employed, based on a clear understanding of yourself, your skills and the state of your industry. That’s on the income side, or more aptly the absence of income.

Express that in terms of weeks and multiply it by your ‘lean budget’ (deferring discretionaries and luxuries), and there you have your accumulation target. Now determine how much you can devote to that from your current weekly budget and that tells you how long it will take to get your bridge fully funded.

Buffering up the budget

The last component – buffering – is a practical application of the budget categories we use to keep our financial lives in order. I’ll assume here that you are not just using a single current/chequing account for all purposes.

For me, there are about 10 major categories, with 50 or so individual line items. Of these, a couple dozen warrant their own distinct sub-account at your favourite financial institution. Though I’m paid bi-weekly, there is an auto-transfer from my main account to each of these sub-accounts, regardless whether I expect to spend anything that particular week. For example, my electric bill is paid monthly, but the account gets a weekly drip.

Now here is where the buffering comes in. My spreadsheet sums actual past monthly amounts in each category to arrive at an average monthly cost. (I update about quarterly.) This then is divided by 4 for the weekly drip. The benign deception (to myself) is that though I’ve effectively divided by 48, the drip occurs in every one of the actual 52 weeks. Thus each account is modestly indexed by about 2% over the year.

It’s a small and almost unnoticeable cost for me to pay (myself) over the year. In truth, I started doing this as a way to slowly index for year-to-year inflation, rather than having an unpleasant surprise that shocks the budget and knocks my resolve every January.

And yes, I do skim out some from the accounts occasionally, but I haven’t been compelled to top-up any of them in any serious way. In fact for the larger ones, like the appliance account, it’s a couple months ahead of need, despite having to use it for its intended purpose twice this last year.

That’s it, three ways that I use reserves to create comfort space in my finances.