CRA Prescribed Rates – Update

Earlier I wrote about CRA Prescribed Rates and how they are used.

Given that it is nearing the end of June, the CRA has not published updated prescribed rates for the third quarter yet. They traditionally publish the next quarter’s rates at the beginning of the month before the next quarter (i.e. for a second quarter announcement, they would announce the prescribed rates at the beginning of March).

I would suspect they are doing this because they are planning on increasing the prescribed rate for interest on loans to 2% from 1% currently. They would want to give as little notice as possible of this, to avoid a scurry of people making quick 1% loans to avoid interest attribution.

So for those of you that take advantage of this process, I would highly advise you to get your paperwork prepared for a quick transaction at the end of June in the event that my suspicions are correct.

Pay attention to CRA prescribed rates

With the Bank of Canada raising interest rates, it is likely that the CRA, either starting for the July quarter, but at the latest the October quarter will be increasing the prescribed rate for taxable benefits for employees and shareholders from interest-free and low-interest loans.

A history of this rate is as follows:

Q1-2007: 5%
Q2-2007: 5%
Q3-2007: 5%
Q4-2007: 5%

Q1-2008: 4%
Q2-2008: 4%
Q3-2008: 3%
Q4-2008: 3%

Q1-2009: 2%
Q2-2009: 1%
Q3-2009: 1%
Q4-2009: 1%

Q1-2010: 1%
Q2-2010: 1%
Q3-2010: Should be announced within a week.

The reason why this rate is significant is because issuing a low-interest rate loan is the easiest way to avoid income attribution. Just as an example, if you get your company to loan you money (which you would presumably use for investment purposes), you have to pay the company a 1% interest charge. You would deduct that amount from your income, while the company would include it as interest income on its side of the income statement. Also, spousal loans can be used to avoid income attribution.

While no matter what the rate is there is symmetry (i.e. one party can deduct what the other includes as income, assuming the loaned amount is used for income-generation purposes), higher rates discourage typically discourage borrowing to invest as typically it is the asset-rich entity that loans money out to the asset-poor (and presumably income-poor) entity in order to transfer income to a lower-rate person. If the prescribed interest rate is too high, the loanee will have to take on a higher amount of income at their (presumably) higher marginal rate.

There are rules with respect to the payment of shareholder loans (i.e. you must pay back the principal amount by the end of the following fiscal year or have it be a deemed dividend) but for loans between individuals, there is no duration rule with respect to the amount of interest to be paid – you can make a loan that will expire in 30 years at the rate of 1% for the purposes of the prescribed interest rate rules. Just make sure to document the loan and if there is any question as to the dating of the document, get it notarized or otherwise documented in case if the CRA comes knocking.

Investment returns must be calculated after-tax

One critical consideration of computing returns is that pre-tax is an easy calculation, but after-tax involves a bit more effort.

In Canada, interest income (and distributions of income from trusts) is taxed at your marginal rate. Foreign dividends are also taxed at your marginal rate. Dividend income from publicly traded Canadian companies are taxed at a very favorable rate. Capital gains are taxed at half your marginal rate.

As a result, portfolios should be structured such that income is maximized in sheltered vehicles (RRSPs, TFSAs) while Canadian dividends and capital gains are preferentially outside the RRSP and TFSA.

Your marginal rate depends on what province you live in and also what income bracket you are in.

So if you live in British Columbia, and make a taxable income of $50,000, your marginal rate rate on an extra dollar of interest income would be 29.7%. So to realize a 10% after-tax return on investment, you need to earn 14.2% on a pre-tax basis. Alternatively, you could also earn a 11.7% return via capital gains, or a 10.1% return via eligible dividends. It all amounts to the same: a 10% after-tax return.

The following tables are a simple illustration of the required pre-tax returns required to achieve a 10% after-tax return:

BC 2010 Tax Rates 10% after-tax equivalent
Marginal Cap. Eligible SB
Low Range High Range Rate Gains Dividends Dividends
$ $ 35,859 12.5% 11.1% 8.9% 10.4%
$ 35,859 $ 40,970 12.9% 11.3% 9.2% 10.8%
$ 40,970 $ 71,719 14.2% 11.7% 10.1% 11.9%
$ 71,719 $ 81,941 14.8% 11.9% 10.6% 12.5%
$ 81,941 $ 82,342 15.7% 12.2% 11.2% 13.3%
$ 82,342 $ 99,987 16.2% 12.4% 11.6% 13.7%
$ 99,987 $ 127,021 16.9% 12.6% 12.1% 14.3%
$ 127,021 and above 17.8% 12.8% 12.7% 15.1%
BC 2010 Tax Rates 10% after-tax equivalent
Marginal Cap. Eligible SB
Low Range High Range Rate Gains Dividends Dividends
$ $ 35,859 12.5% 11.1% 8.9% 10.4%
$ 35,859 $ 40,970 12.9% 11.3% 9.2% 10.8%
$ 40,970 $ 71,719 14.2% 11.7% 10.1% 11.9%
$ 71,719 $ 81,941 14.8% 11.9% 10.6% 12.5%
$ 81,941 $ 82,342 15.7% 12.2% 11.2% 13.3%
$ 82,342 $ 99,987 16.2% 12.4% 11.6% 13.7%
$ 99,987 $ 127,021 16.9% 12.6% 12.1% 14.3%
$ 127,021 and above 17.8% 12.8% 12.7% 15.1%

The following is for an 8% after-tax return:

BC 2010 Tax Rates 8% after-tax equivalent
Marginal Cap. Eligible SB
Low Range High Range Rate Gains Dividends Dividends
$ $ 35,859 10.0% 8.9% 7.1% 8.3%
$ 35,859 $ 40,970 10.3% 9.0% 7.4% 8.6%
$ 40,970 $ 71,719 11.4% 9.4% 8.1% 9.5%
$ 71,719 $ 81,941 11.9% 9.6% 8.4% 10.0%
$ 81,941 $ 82,342 12.6% 9.8% 9.0% 10.6%
$ 82,342 $ 99,987 13.0% 9.9% 9.3% 11.0%
$ 99,987 $ 127,021 13.5% 10.0% 9.7% 11.4%
$ 127,021 and above 14.2% 10.2% 10.2% 12.1%

Analysis of RESPs

The Registered Education Savings Plan (RESP) is a tax sheltered vehicle that is designated for parents to save up for the education of somebody – usually this is the children of the people contributing to the RESP, but in theory you can define anybody as a beneficiary of the plan. Eventually when such people take higher education, you can designate proceeds to the beneficiary in question, and the beneficiary will take the income contributions as taxable income. Presumably because they are young and have less income, they will pay little to no tax on the proceeds.

For the rest of this post, I will define the beneficiary as just “children”.

Benefits and disadvantages

The benefits can be summed up in three points:
1. Transferring income while avoiding attribution;
2. Income tax deferral;
3. Canada Education Savings Grants.

The disadvantages can be summed up as follows:
1. Risk that your children will not seek higher education.
2. Requires financial skill to self-manage.
3. Fees.

The competing choice is funding money outside the confines of an RESP and giving it to the children when they go to school, or to give some portion of money to children and having them invest it in their own names.

Analysis

To put the conclusion first, my general analysis suggests that RESPs are only useful if you intend to fund part or all of your childrens’ educations and you are very convinced they will be going to an eligible higher education institution. In other words, I would not contribute to an RESP until they are, at the latest, 15 years of age when you can detect whether they have enough ‘scholarly’ potential to warrant it and you have sufficient after-tax funds that won’t put a hole into your own personal finances.

If you discover your child does not want to attend upper education, you can move the RESP proceeds into an RRSP, but there are non-trivial conditions attached with this transferability. Otherwise accumulated income taken out the RESP is taxed at your marginal rate plus 20%.

From a financial perspective, the RESP enables you to avoid attribution by indirectly “giving income” to your children, and also shelters growth of funds from taxes (which will eventually be taken as taxable income by the children). Contributions are not tax deductible and principal withdrawals are not taxed. The excess of principal payments is taxed.

The Government of Canada will chip in some money via the Canada Education Savings Grant, which will contribute 20% of the first $5,000/year contributed, to a lifetime maximum of $36,000 contributed. So in theory if you contributed $4,500/year ($36,000 total) for the first 8 years of your child’s life, the CESG would result in an extra $7,200 in the account. If your family income is less than $77,769/year, the CESG grant will be 30% of the contribution amount. If your family income is less than $38,832/year, the CESG grant will be 40% of the contribution amount.

The CESG is a material benefit when investing in an RESP, functionally acting as an instant 20% return on investment. Using the “contribute until the last moment” strategy, the CRA helpfully points out the criteria that must exist in order the RESP to receive the CESG:

However, since the CESG has been designed to encourage long term savings for post-secondary education, there are specific contributions requirements for beneficiaries who attain 16 or 17 years of age. RESPs for beneficiaries 16 and 17 years of age can only receive CESG if at least one of the following two conditions is met:

* a minimum of $2,000 of contributions has been made to, and not withdrawn from, RESPs in respect of the beneficiary before the year in which the beneficiary attains 16 years of age; or
* a minimum of $100 of annual contributions has been made to, and not withdrawn from, RESPs in respect of the beneficiary in at least any four years before the year in which the beneficiary attains 16 years of age.

This means that you must start to save in RESPs for your child before the end of the calendar year in which the beneficiary attains 15 years of age in order to be eligible for the CESG. The CESG and accumulated earnings will be part of the educational assistance payment paid out of the RESP to the beneficiary.

Assuming your child enters into upper education when they turn 17, the safest strategy appears to be determining how much money you intent on contributing and dividing them into $5,000 amounts. If you have $5,000 to contribute, then put that into the RESP the year your child turns 15, and put it in a 2-year GIC which matures when they are ready to enter higher education. If you have $10,000 to contribute, put $5,000 into the RESP when they turn 15 (into a 2-year GIC), and another $5,000 the following year into a 1-year GIC. This way, you will realize a 20% gain plus whatever the return on the GIC is.

This strategy requires no financial sophistication other than the effort to find a fee-free RESP provider that gives good fixed income rates and taking out the appropriate GIC with the specified maturity date.

The RESP gives the contributor full liquidity capability – they can withdraw principal at any time, but they would have to refund the CESG in the process. Still, the availability of liquidity is a crucial factor in an investment decision, and having the ability to get back your principal (e.g. let’s say you lost your job when your child was 6 years old and the RESP is hardly going to be a high priority at this time compared to an education that may or may not happen in 11+ years) is very important.

I cannot find good justification for employing other investment strategies concerning RESPs – for example, if immediately after the birth of a child the parents open up an RESP for the child. In this scenario, the primary risk is that the parents will need the money at a future date and a more pressing reason than the far-off goal of purchasing educational credits for children. The other risk, of course, is not knowing whether the newborn will be attending such an institution. Also, because of the long timeline, such investments are likely to be more risky in nature, requiring a level of financial sophistication to invest in the proper stocks and bonds. Finally, the benefit of avoiding income attribution could be entirely avoided by transferring the funds to the child’s name and investing the proceeds in securities that will yield capital gains (as capital gains will be attributed to the child, while income will be attributed to the parent).

Thus, the “get the CESG as late as possible” strategy is likely the only real viable strategy for the RESP.

A final note on scholarship trusts

It is my opinion that most education scholarship trusts are terrible, terrible, terrible investment vehicles compared to the strategy presented above. In addition to paying fees that are ridiculously expensive, you are surrendering liquidity, and also surrendering the flexibility to get your money whenever you want if your child goes to school. For example, if your child decides to enroll into a two-year trades program, you will receive significantly less money than if he/she enrolled in a four year program. In particular, I will single out the largest of the scholarship trust companies, Canadian Scholarship Trust, as being financially counter-productive to any parents’ wish to actually pay for their children’s educations via an RESP. It is my opinion that companies like those are what give other educational scholarship companies an incredibly bad name.

It is true if you jump the hoops just perfectly (i.e. making your monthly payments from an early date, never missing payments and having your child continue with a 4-year education) that enrolling in such a plan would be a net plus, but the risk taken is phenomenally higher than the simple strategy presented above. The performance of the Canadian Scholarship Trust has also not been that much higher than a GIC – the 5-year performance from October 2003 to 2008 has been 4.5%. You can read this and the rest of the gory details on their prospectus document – a document that I suspect most of their subscribers don’t read, mainly because if they did so they would quickly realize what a bad deal they are receiving.

Canadian Taxes – Waiting for the T3

Anybody invested in income trusts should know that the T3 slip, a statement of income from trusts, is required for applicable trust holders by March 31 of every year. This is usually the last tax form to come in, and it will explain how much income (and what type of income) you received over the year.

The reason why the T3 slip comes so late is to give trusts sufficient time to finalize (and audit) their financial statements for the fiscal year.

Impatient investors that want to get cracking at their personal income taxes, however, can go to CDS Innovations’ website and get a sneak preview of most publicly traded entities’ allocation of income. T3 statements for the 2009 tax year can be found here. Just note, in theory, a trust can change the reported allocation on March 30, 2010 and one should never submit their income tax return using the preliminary data.