Now, their approach appears to have shifted from education toward enforcement. The CRA may send a proposed RC243 Tax-Free Savings Account (TFSA) Return or assess tax based on information from financial institutions by issuing TFSA Notices of Assessment.
What is a TFSA Return?
The RC243 TFSA Return is a 2-page form to calculate the tax on excess TFSA contributions. You must generally file it and pay any tax owing by June 30 of the following calendar year.
It is used to calculate tax on:
Excess TFSA amounts
Non-resident contributions
Non-qualified investments
Prohibited investments
Other advantages
We will focus on excess contributions.
How can you fix a TFSA overcontribution?
Whether the CRA alerts you to an overcontribution or you discover it yourself, the first step is to withdraw it. Overcontributions become expensive quickly, and the longer the excess remains in your account, the more tax you owe.
If the situation arose because of an honest mistake, the CRA has the discretion to waive or cancel some or all of the tax in appropriate circumstances; however, relief is not automatic, and CRA is becoming quick to assess tax and interest. Promptly correcting the error is one of the strongest factors working in your favour.
The tax is equal to 1% of your highest excess TFSA amount for each month that you are over your contribution limit. For example, if you accidentally overcontribute by $10,000 and leave the excess in your account for a full year, the tax alone could total $1,200, plus interest.
What if the overcontribution was on purpose?
If CRA believes an overcontribution was intentional, any income or capital gains attributable to the deliberate overcontribution may be treated as a TFSA advantage and taxed at 100%. This rule is intended to discourage taxpayers from intentionally exceeding their contribution room to earn tax-free investment returns.
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Common causes of TFSA overcontributions
The most common reason for a TFSA overcontribution is misunderstanding the contribution rules. Many Canadians incorrectly assume they can recontribute TFSA withdrawals immediately. In fact, withdrawals create new contribution room on January 1 of the following calendar year. The CRA is slow to update their records because they need contribution history from financial institutions. So, the TFSA room summary on My Account may not be accurate in a given year until the spring.
Other reasons include:
Forgetting about pre-authorized monthly contributions
Withdrawing from one TFSA and contributing to another instead of doing a direct transfer
Contributing while a non-resident of Canada
A non-resident can keep a TFSA account in Canada if they leave Canada and the account remains tax-free in Canada. It may or may not be taxable in their new country of residence. But contributing while a non-resident is not permitted and can come back to bite you.
If you are close to the maximum, it is generally a good idea to maintain your own running tally of TFSA contributions and withdrawals instead of relying exclusively on the CRA’s records.
What if you disagree with CRA?
If you receive a TFSA Notice of Assessment, you generally have 90 days from the date of the notice to file a Notice of Objection. This can be done using Form T400A or by submitting a signed objection letter to the CRA Appeals Division.
You can object for any reason, but your likelihood of success is higher if the CRA has incorrect contribution information, failed to recognize corrective withdrawals, or you believe the CRA should have exercised its discretion to grant relief.
The bottom line
TFSA overcontributions are one of the few situations where a tax-free account can end up generating tax. Contributors should be mindful of their limit and avoid excess contributions. And if you do make a mistake, withdrawing the excess as soon as possible, filing any required forms, and requesting relief where appropriate can help minimize the tax and get you back on track.
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