According to the 2008 budget, who would be eligible to open a TFSA?

When can I open a TFSA?

How much can I contribute to the TFSA per year?

If I don't have the money to invest in a given year, would I be able to use any unused contribution room in a future year?

What happens if I contribute more than my contribution room?

Would there be any restrictions on withdrawals?

Would contributions and withdrawals have any impact on my taxes and income-tested benefits?

What kind of investments could I hold in my TFSA?

Is interest on money borrowed to invest in my TFSA tax-deductible?

Could I use my TFSA assets as security for a loan?

If I provide funds to my spouse or common-law partner to invest in a TFSA, would the income earned in that account be attributed back to me?

What happens if the account holder passes away?

Could I still contribute to a TFSA if I become a non-resident of Canada?

What would happen if there was a breakdown of a marriage or a common-law partnership?

How would I know what my TFSA contribution room is for a given tax year?

Where can I get more information on the proposed TFSA?

Q.1 What is the proposed Tax-Free Savings Account (TFSA)?

A.1 The proposed TFSA is a registered savings account that allows taxpayers to earn investment income tax-free inside the account. Contributions to the account are not deductible for tax purposes, and withdrawals of contributions and earnings from the account are not taxable.

Q.2 According to the 2008 budget, who would be eligible to open a TFSA?

A.2 Any individual (other than a trust) who is resident in Canada and 18 years of age or older would be eligible to establish a TFSA.

You would be able to open an account at most financial institutions such as Canadian trust companies, life insurance companies, banks, and credit unions (the same institutions that are currently eligible to issue a Registered Retirement Savings Plan). You would have to provide the issuer with your social insurance number when the account is opened.

You would be permitted to hold more than one TFSA.

Q.3 When can I open a TFSA?

A.3 The 2008 budget proposes to allow opening a TFSA starting in 2009.

Q.4 How much can I contribute to the TFSA per year?

A.4 Each year you could contribute an amount up to your contribution room for the year. Your contribution room would be made up of three amounts:

For example (assuming no indexing):

Q.5 If I don't have the money to invest in a given year, would I be able to use any unused contribution room in a future year?

A.5 Yes, the 2008 budget proposes no limit on the number of years unused contribution room could be carried forward.

Q.6 What happens if I contribute more than my contribution room?

A.6  The 2008 budget proposes that excess contributions would be subject to tax of one per cent per month, for each month that the excess remains in the plan.

Q.7 Would there be any restrictions on withdrawals?

A.7 No, you could withdraw any amount in the account for any reason.

Q.8 Would contributions and withdrawals have any impact on my taxes and income-tested benefits?

A.8 No, contributions to a TFSA would not be deductible in computing income for tax purposes, and no amount earned in or withdrawn from a TFSA would be included in computing income for tax purposes.

Withdrawals would not be taken into account in determining eligibility for income-tested benefits or credits delivered through the income tax system (for example, the Canada Child Tax Benefit, the Working Income Tax Benefit, the goods and services tax credit, and the age credit).

Furthermore, these amounts would not reduce other benefits that are based on the individual's income level, such as Old Age Security benefits, the Guaranteed Income Supplement, or Employment Insurance benefits.

Q.9 What kind of investments could I hold in my TFSA?

A.9 A TFSA would generally be permitted to hold the same investments as a registered retirement savings plan. This would include mutual funds, publicly traded securities, GICs, bonds, and certain shares of small business corporations.

Q.10 Is interest on money borrowed to invest in my TFSA tax-deductible?

A.10 No, interest on money borrowed to invest in a TFSA would not be deductible for tax purposes.

Q.11 Could I use my TFSA assets as security for a loan?

A.11 Yes, you could use the TFSA assets as security for a loan.

Q.12 If I provide funds to my spouse or common-law partner to invest in a TFSA, would the income earned in that account be attributed back to me?

A.12 No, the attribution rules would not apply to income earned in a TFSA where you provide funds to your spouse or common-law partner to take advantage of their TFSA contribution room.

Q.13 What happens if the account holder passes away?

A.13 Generally, earnings that accrue in the account after the account holder's death will be taxable, while those that accrued before death would remain exempt. However, it would be possible to maintain the tax-free status of the earnings if the account holder names his or her spouse or common-law partner as the successor account holder. Alternatively, the assets of the deceased's TFSA could be transferred to the TFSA of the surviving spouse or common-law partner without any impact on the survivor's existing contribution room.

Q.14 Could I still contribute to a TFSA if I become a non-resident of Canada?

A.14 If you become a non-resident, you would be allowed to maintain your TFSA, and you would not be taxed on any earnings in the account or on withdrawals; however, you would not be allowed to contribute, and no contribution room would accrue for any year throughout which you are a non-resident.

Q.15 What would happen if there was a breakdown of a marriage or a common-law partnership?

A.15 In such a situation, an amount could be transferred directly from one spouse or common-law partner's TFSA to the other's. The amount of the transfer would not affect either person's contribution room.

Q.16 How would I know what my TFSA contribution room is for a given tax year?

A.16 The CRA would determine TFSA contribution room (based on information provided by issuers) for each eligible individual who files an annual T1 individual income tax return.

Individuals who have not filed returns for prior years (because for example, there was no tax payable) would be permitted to establish their entitlement to contribution room by filing a return for those years or by other means acceptable to the CRA.