Home Buyers' Plan (HBP)
Includes Form T1036

RC4135(E) Rev. 12

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Table of contents

• Is this guide for you?
• Definitions
• Chapter 1 - Participating in the HBP
  • What is the HBP?
    • Can a withdrawal be made from any RRSP?
  • What are the conditions for participating in the HBP?
    • You have to enter into a written agreement to buy or build a qualifying home
    • You have to intend to occupy the qualifying home as your principal place of residence
    • You have to be considered a first-time home buyer
    • Your repayable HBP balance on January 1 of the year of the withdrawal has to be zero
    • Neither you nor your spouse or common-law partner can own the qualifying home more than 30 days before the withdrawal
    • You have to be a resident of Canada
    • You have to complete Form T1036 for each eligible withdrawal
    • You have to receive all withdrawals in the same calendar year
    • You cannot withdraw more than $25,000
    • You have to buy or build the qualifying home before October 1 of the year after the year of the withdrawal
    • You have to file an income tax return
  • How to make an HBP withdrawal
• Chapter 2 - Repaying your withdrawals
  • How to make your repayment
  • What happens if I choose to begin my repayments earlier?
  • What happens if I repay more than the amount I  have to repay for the year?
  • What happens if I repay less than the amount I have to repay for the year?
  • What happens if I do not repay the amount I have to repay for the year?
  • Special repayment situations
    • The HBP participant dies
    • You become a non-resident
    • Your options in the year turn 71
• Chapter 3 - Other rules you should know
  • What happens if I do not meet all the HBP conditions?
    • Cancelling your participation
  • Participation in the HBP in a later year
  • Use of funds withdrawn for other purposes
  • Participation in the Lifelong Learning Plan (LLP) and in the HBP at the same time
• For more information
  • What if you need help?
  • Forms and publications
  • My Account
  • Tax Information Phone Service (TIPS)
  • Teletypewriter (TTY) users
  • Our service complaint process
  • Your opinion counts

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Is this guide for you?

Use this guide if you want information about the rules that apply to the Home Buyers' Plan (HBP).

Definitions – We have included the definitions of some of the terms used in this guide. You may want to read through them before you start.

Chapter 1 explains the Home Buyers' Plan and the conditions of participation.

Chapter 2 provides information concerning the repayment of withdrawals made under the HBP and different situations for these withdrawals.

Chapter 3 describes other rules to be considered.

Definitions

This section provides a general description of the technical terms that we use in this guide.

Arm’s length – at arm’s length is a concept describing a relationship in which the parties are acting independently of each other. The opposite, not at arm’s length, includes individuals:

• related to each other by blood, marriage, adoption, or common-law partnerships; or
• acting in concert without separate interests, such as those with close business ties.

An individual is not at arm’s length with a corporation they control.

Common-law partner - this applies to a person who is not your spouse (see the definition of spouse), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:

1. has been living with you in such a relationship for at least 12 continuous months;
2. is the parent of your child by birth or adoption; or
3. has custody and control of your child (or had custody and control immediately before the child turned 19 years of age) and your child is wholly dependent on that person for support.

In addition, an individual immediately becomes your common-law partner if you previously lived together in a conjugal relationship for at least 12 continuous months and you have resumed living together in such a relationship.

Under proposed changes, this condition will no longer exist. The effect of this proposed change is that a person (other than a person described in b) or c) above) will be your common-law partner only after your current relationship with that person has lasted at least 12 continuous months. This proposed change will apply to 2001 and later years.

Reference to "12 continuous months" in this definition includes any period that you were separated for less than 90 days because of a breakdown in the relationship.

Eligible withdrawal – this is an amount you withdraw from your RRSP after you have met the HBP conditions that apply to your situation.

HBP balance – your HBP balance, at any time, is the total of all eligible withdrawals you made from your RRSPs under the HBP minus the total of all amounts you designated as an HBP repayment and amounts included in your income in previous years (because they were not repaid to your RRSPs).

Participant – you are considered an HBP participant if:

• you make an eligible withdrawal from your RRSPs to buy or build a qualifying home for yourself;
• you make an eligible withdrawal from your RRSPs to buy or build a qualifying home for a related person with a disability or to help such a person buy or build a qualifying home; or
• you are the spouse or common-law partner of a deceased HBP participant and you have elected to continue making the repayments of the deceased participant.

Participation period – your HBP participation period starts on January 1 of the year you make an eligible withdrawal from your RRSP and ends in the year your HBP balance is zero.

Person with a disability - you are considered a person with a disability if you are entitled to the disability amount. For purposes of the HBP, a person with a disability includes you or a person related to you by blood, marriage, common-law partnership or adoption. A related person with a disability does not have to reside with you in the same home.

We consider a person to be entitled to the disability amount if one of the following situations applies:

• the person was entitled to the disability amount on line 316 of his or her tax return for the year before the HBP withdrawal, and still meets the eligibility requirements for the disability amount when the HBP withdrawal is made; or
• the person was not entitled to the disability amount for any year before the HBP withdrawal, but a Form T2201, Disability Tax Credit Certificate, certified by a medical doctor or appropriate medical practitioner (that is, an optometrist, audiologist, psychologist, physiotherapist, occupational therapist or speech language pathologist), is filed for the person for the year of the HBP withdrawal. If Form T2201 is not approved, your withdrawals will not be considered eligible withdrawals under the HBP, and will have to be included in your income for the year you receive them.

If all other eligibility requirements are met, we consider a person to be entitled to the disability amount even if costs for an attendant or for care in a nursing home were claimed as a medical expense by or on behalf of that person.

Qualifying home - a qualifying home is a housing unit located in Canada. This includes existing homes and those being constructed. Single-family homes, semi-detached homes, townhouses, mobile homes, condominium units, and apartments in duplexes, triplexes, fourplexes, or apartment buildings all qualify. A share in a co-operative housing corporation that entitles you to possess, and gives you an equity interest in a housing unit located in Canada, also qualifies. However, a share that only provides you with a right to tenancy in the housing unit does not qualify.

RRSP deduction limit - this is the maximum amount you can deduct on your return for contributions you made to your RRSPs, or to your spouse's RRSPs, or common-law partner's RRSPs.

Spouse - this applies only to a person to whom you are legally married.

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Chapter 1 - Participating in the HBP

What is the HBP?

The HBP is a program that allows you to withdraw funds from your registered retirement savings plans (RRSPs) to buy or build a qualifying home. You can withdraw up to $25,000 in a calendar year

The home can be for you, or it can be for a related person with a disability. If the home is acquired by a person with a disability or for a related person with a disability, one of the following should apply:

• it is more accessible to that person than his or her current home; or
• it is better suited to that person's needs.

As an HBP participant, you can acquire the home for the related person with a disability, or you can provide the withdrawn funds to the related person with a disability to help them acquire the home.

You do not have to include eligible withdrawals in your income, and your RRSP issuer will not withhold tax on these amounts. You can withdraw a single amount or make a series of withdrawals throughout the same calendar year, provided the total of your withdrawals is not more than $25,000. If you buy the qualifying home with your spouse or common-law partner, or with other individuals, each of you can withdraw up to $25,000.

Note
Your RRSP contributions must remain in the RRSP for at least 90 days before you can withdraw them under the HBP. If they do not, you might not be able to deduct all or part of the contributions you made during this period. For more information, see Your RRSP deduction may be affected by your participation in the HBP.

Generally, you have to repay all withdrawals to your RRSPs within a period of 15 years. During this repayment period, you must file a return and repay an amount to your RRSPs each year until your HBP balance is zero. If you do not repay the amount due for a year, it will have to be included in your income for that year. For more information, see You have to file an income tax return.

Note
Situations may arise where the repayments may have to be made in less than 15 years. These situations are explained in Special repayment situations.

Can a withdrawal be made from any RRSP?

You (the participant) can only withdraw funds from an RRSP under which you are the annuitant. In the case of spousal or common-law partner RRSPs, the annuitant is the person who will receive benefits from the plan. For more information about spousal or common-law partner RRSPs, see Guide T4040, RRSPs and Other Registered Plans for Retirement.

Some RRSPs, such as locked-in or group RRSPs, do not allow you to withdraw funds from them. Your RRSP issuer can give you more information about the types of RRSPs that you have and whether or not withdrawals can be made from these plans to participate in the HBP.

Note
If you or your spouse or common-law partner withdraws an amount from an RRSP to which you or your spouse or common-law partner had made contributions during the 89-day period just before the withdrawal, you may not be able to deduct part or all of these contributions for any year. For more information, see How to make an HBP withdrawal.

What are the conditions for participating in the HBP?

A number of conditions have to be met in order to participate in the HBP. While some conditions have to be met before you can withdraw funds from your RRSPs, others apply when or after you receive the funds.

Generally, if you participate in the HBP, you have to meet all the HBP conditions yourself. However, depending on your situation, some conditions may apply to another person. For example, if you withdraw funds from your RRSPs to buy or build a qualifying home for a related person with a disability, or to help a related person with a disability buy or build a qualifying home, some conditions have to be met by that person.

Regardless of the situation, you are responsible for making sure that all applicable HBP conditions are met. If at any time during your participation period a condition is not met, your withdrawal will not be considered an eligible withdrawal and it will have to be included in your income for the year it is received.

The following chart lists all the conditions for participating in the HBP, and who has to meet them in different situations. We explain each condition in greater detail following the chart.

You have to enter into a written agreement to buy or build a qualifying home

To withdraw funds from your RRSPs under the HBP, when you are buying or building a qualifying home for yourself or a related person with a disability, you must first have entered into a written agreement to buy or build a qualifying home. Obtaining a preapproved mortgage does not satisfy this condition.

Note
If you are withdrawing funds from your RRSPs to help a related person with a disability buy or build a qualifying home, it is the related person with a disability who must have entered into such an agreement.

You have to intend to occupy the qualifying home as your principal place of residence

When you withdraw funds from your RRSPs under the HBP, you have to intend to occupy the qualifying home as your principal place of residence no later than one year after buying or building it. Once you occupy the home, there is no minimum period of time in which you have to live there.

In some cases, you may not occupy the qualifying home by the end of the 12-month period after you bought or built it. If this happens, you are still considered to have satisfied this condition if, at the time you withdrew funds under the HBP, you did in fact, intend to occupy the home as your principal place of residence no later than one year after buying or building it.

Note
If you are withdrawing funds from your RRSPs to buy or build a qualifying home for a related person with a disability or to help a related person with a disability buy or build a qualifying home, you must intend that the related person with a disability will meet this condition.

You have to be considered a first-time home buyer

Generally, before you can withdraw funds from your RRSPs to buy or build a qualifying home, you have to meet the first-time home buyer's condition. If you are a person with a disability, or you are acquiring a home for a related person with a disability or helping such a person acquire a home, you may not have to meet this condition. For more information, see Exception to the first-time home buyer's condition.

You are not considered a first-time home buyer if,

• you owned a home that you occupied as your principal place of residence at any time during the period beginning January 1 of the fourth year before the year of the withdrawal and ending 31 days before the date of the withdrawal; or
• you have a spouse or common-law partner at the time of the HBP withdrawal and, he or she owned a home which you both occupied at any time during the period beginning January 1 of the fourth year before the year of the withdrawal and ending 31 days before the date of the withdrawal.

If, at the time of the withdrawal you have a spouse or common-law partner, it is possible that only one of you will be considered a first-time home buyer (see the example)

To determine if you are considered a first-time home buyer in 2012, complete the following questionnaire:

Exception to the first-time home buyer's condition - You do not have to meet this condition to participate in the HBP if any of the following situations apply to you at the time you make a withdrawal from your RRSPs under the HBP:

• you are a person with a disability and you withdraw funds under the HBP to acquire a home that is more accessible, or better suited to your needs;
• you withdraw funds under the HBP to acquire a home for a person with a disability related to you by blood, marriage, common-law partnership or adoption, and the home is more accessible or better suited to the needs of that person; or
• you withdraw funds under the HBP and give those funds to a person with a disability related to you by blood, marriage, common-law partnership or adoption, to acquire a home that is more accessible, or better suited to the needs of that person.

Your repayable HBP balance on January 1 of the year of the withdrawal has to be zero

If you have previously participated in the HBP, you may be able to do so again if:

• your HBP balance is zero on January 1 of the year during which you plan on making another HBP withdrawal; and
• you meet all the other HBP conditions that apply to your situation.

Your HBP balance from your last participation is zero when the total of your yearly designated HBP repayments and any amounts included in your income (because no designated HBP repayment was made as required for a given year) equals the total eligible withdrawals you made from your RRSPs under your participation in the HBP.

Note
The RRSP contributions you make in the first 60 days of a year, and designate as HBP repayments for the previous year reduce your HBP balance for purposes of determining whether your balance is zero on January 1 of the current year. For more information about designating HBP repayments, see Chapter 2 - Repaying your withdrawals.

Neither you nor your spouse or common-law partner can own the qualifying home more than 30 days before the withdrawal

You cannot withdraw an amount from your RRSPs under the HBP if you or your spouse or common-law partner owned the home described on Form T1036, Home Buyers' Plan (HBP) - Request to Withdraw funds from an RRSP, more than 30 days before the date of your withdrawal.

Example
Kate buys a qualifying home with a closing date (acquisition date) of November 1, 2012. She must make her final withdrawal under the HBP no later than 30 days after the closing date. Therefore, Kate has until December 1, 2012, to make her last withdrawal. If she makes a withdrawal after December 1, 2012, it will not be considered an eligible withdrawal and will have to be included in her income for the year it is received.

Note
If you are withdrawing funds from your RRSPs to help a related person with a disability buy or build a qualifying home, the person with a disability and his or her spouse or common-law partner (if applicable) must meet this condition.

You have to be a resident of Canada

You have to be a resident of Canada when you receive funds from your RRSPs under the HBP and up to the time a qualifying home is bought or built. For more information about residency status, call 1-855-284-5942 (from anywhere in Canada and the U.S.) and 613-940-8495 (call collect from outside Canada and the U.S.).

If you become a non-resident after you receive your funds but before a qualifying home is bought or built, you may cancel your participation in the HBP. For more information, see Cancelling your participation.

If you become a non-resident after a qualifying home is bought or built, you cannot cancel your participation in the HBP. However, special rules will apply to the repayment of your HBP balance. For more information, see You become a non-resident.

You have to complete Form T1036 for each eligible withdrawal

To make an eligible withdrawal from your RRSPs under the HBP, you have to use Form T1036, Home Buyers' Plan (HBP) - Request to withdraw funds from an RRSP.

You have to complete this form for each withdrawal you make. A copy is included at the end of this guide. To get additional copies, go to Forms and publications or call 1-800-959-2221. For more information about completing this form, see How to make an HBP withdrawal.

You have to receive all withdrawals in the same calendar year

To participate in the HBP, you have to receive all the withdrawals from your RRSPs in the same calendar year. However, if you receive a withdrawal in one year and another in January of the following year, we consider the January withdrawal to have been received in the year the first withdrawal was made.

Note
If the January withdrawal is received before you acquire your qualifying home, or no later than 30 days after you acquire it, and all the other relevant conditions described in the chart are met, it is an eligible withdrawal. For this purpose, your HBP balance on January 1 is not a relevant condition and does not have to be zero.

Example
On October 15, 2011, Chloe withdrew $7,500 from her RRSP under the HBP. Before the withdrawal, Chloe had entered into a written agreement to buy a qualifying home. In January 2012, she withdrew an additional $1,500 to pay expenses she had not anticipated. Chloe acquired the qualifying home in March 2012. The January withdrawal is an eligible HBP withdrawal because Chloe received it before she acquired her qualifying home. She does not have to include it in her income for 2012.

You cannot withdraw more than $25,000

You can make more than one withdrawal, as long as the total of your withdrawals is not more than $25,000. If you buy the qualifying home with your spouse or common-law partner, or with other individuals, each of you can withdraw up to $25,000 from your own RRSPs.

Note
If the total of your RRSP withdrawals under the HBP is more than $25,000, the excess will be subject to tax, and you will have to include the excess amount in your income for the year you received it. In addition, your RRSP issuer will have to withhold tax on the excess amount at the time of the withdrawal.

You have to buy or build the qualifying home before October 1 of the year after the year of the withdrawal

Generally, if you participate in the HBP in a particular year, you have to buy or build the qualifying home before October 1 of the year following the year of the withdrawal.

We consider you to have bought or built a qualifying home if you bought or built it alone or with one or more individuals. If you are building a qualifying home, we consider you to have built the home on the date it becomes habitable.

Note
If you are withdrawing funds from your RRSPs under the HBP to help a related person with a disability to buy or build a qualifying home, the person with a disability must meet this condition.

If you do not buy or build the qualifying home before October 1 of the year after the year of the withdrawal, you can:

• cancel your participation in the HBP (for more information, see Cancelling your participation); or
• buy or build a different home, called a replacement property, before October 1 of the year following the year of the withdrawal.

A replacement property has to meet the same conditions as a qualifying home. You do not have to complete another Form T1036 to advise us that you are buying or building a replacement property. Just send a letter to this address:

Pension Workflow Section
Ottawa Technology Centre
875 Heron Road
Ottawa ON  K1A 1A2

Give your name, address, and social insurance number, as well as the address (and phone number, if possible) of the replacement property. Also, you have to state in the letter that you intend to occupy the replacement property as your principal place of residence no later than one year after you buy or build it.

Note
If you have already withdrawn from your RRSPs the $25,000 maximum allowed under the HBP, you cannot make any more HBP withdrawals to buy or build the replacement property.

Extensions for buying or building a qualifying home or replacement property - If you do not buy or build the qualifying home you indicated on Form T1036 (or a replacement property) before October 1 of the year following the year of the withdrawal, we still consider you to have met the deadline if either of the following situations applies to you:

• You had a written agreement, in effect on October 1 of the year following the year of the withdrawal, to buy a qualifying home or replacement property, and you buy the property before October 1 of the second year following the year of the withdrawal. In addition, you have to be a Canadian resident up to the time of purchase (see Example 1).
• You had paid an amount after the date of the first withdrawal and before October 1 of the following year to the contractors or suppliers (with whom you deal at arm’s length) for materials for the home being built, or towards its construction, that was at least equal to the total of all eligible withdrawals you made under the HBP (see Example 2).

You have to file an income tax return

Starting in the year you make your first HBP withdrawal, you have to complete and send us a tax return every year until you have repaid all of your HBP withdrawals or included them in your income. You have to send us a tax return even if you do not owe any tax. Attach the T4RSP slips that your RRSP issuer sends you for your HBP withdrawals.

Complete Schedule 7, RRSP Unused Contributions, Transfers, and HBP or LLP Activities (included in your General Income Tax and Benefit Package), and attach it to your tax return to show your total HBP withdrawals and repayments in the year. Do not report these amounts on line 129 of your tax return. This will help both you and us to keep track of them.

How to make an HBP withdrawal

To make an eligible withdrawal from your RRSPs under the HBP, use Form T1036, Home Buyers’ Plan (HBP) Request to withdraw funds from an RRSP. You have to complete Form T1036 for each withdrawal that you make. We have included a copy of the form at the end of this guide. To get more copies of the form, go to Forms and publications or call 1-800-959-2221.

Complete Area 1 of Form T1036. After you fill out this area, give the form to your RRSP issuer, who will fill out Area 2. Your RRSP issuer will not withhold tax from the funds you withdraw if you meet the HBP conditions. Your RRSP issuer will send you a T4RSP slip, Statement of RRSP Income, showing the amount you withdrew under the HBP in box 27. Attach this slip to your income tax return.

In other words, for contributions to be fully deductible that are made to an RRSP in the 89-day period just before an HBP withdrawal from that RRSP, the value of that RRSP after the withdrawal must be at least equal to those contributions.

You and your spouse or common-law partner can use the chart below to determine the part of the contributions you or your spouse or common-law partner made to an RRSP that is not deductible for any year.

Chapter 2 - Repaying your withdrawals

Over a period of 15 years, you have to repay to your RRSPs the amounts you withdrew under the HBP. Generally, for each year of your repayment period, you have to repay 1/15 of the total amount you withdrew, until the full amount is repaid to your RRSPs. Your repayment period starts the second year following the year you made your withdrawals and ends when the HBP balance is zero.

You will receive a Home Buyers' Plan (HBP) Statement of Account, each year with your notice of assessment or notice of reassessment. This statement will show the total HBP withdrawals, the amounts you have repaid to date, your HBP balance, and the amount you have to contribute to your RRSPs and designate as a repayment for the following year.

You can view your HBP statement of account online. For more information, go to My Account for Individuals.

Note
Even if you declare bankruptcy, you still have to make the annual repayment to your RRSPs for each year remaining in your HBP participation period, until all amounts withdrawn from your RRSPs under the HBP are repaid. If you do not make the repayment for a year, it will have to be included in your income for that year.

How to make your repayment

To make a repayment under the HBP, you have to make contributions to your RRSPs in the year the repayment is due or in the first 60 days of the following year. You can contribute the repayments to any of your RRSPs. Once your contribution is made, you can designate all or part of the contribution as a repayment under the HBP.

To designate your repayment, complete lines 245 and 246 of Schedule 7, RRSP Unused Contributions, Transfers, and HBP or LLP Activities, and file it with your tax return. You have to do this even if you would not otherwise have to file a tax return for the year.

Contributions you cannot designate - Not all contributions you make to your RRSPs in the repayment year or in the first 60 days of the following year can be designated as a repayment under the HBP. You cannot designate contributions that:

• you make to your spouse's or common-law partner's RRSPs (or that he or she makes to your RRSPs);
• are amounts you transfer directly to your RRSPs from a registered pension plan, deferred profit sharing plan, registered retirement income fund, the Saskatchewan Pension Plan, or another RRSP;
• are amounts you deducted as a re-contribution of an excess qualifying withdrawal that you designated to have a provisional past service pension adjustment approved;
• are amounts that you designate as a repayment under the Lifelong Learning Plan (LLP) for the year;
• are amounts you contributed in the first 60 days of the repayment year, that you:
  • deducted on your tax return for the previous year, or
  • designated as a repayment for the previous year under the HBP or the LLP;
• are amounts you receive in the repayment year (such as retiring allowances) that you transfer to your RRSPs and deduct or will deduct on your tax return for that year.

Note
If your RRSP deduction limit for the repayment year is zero, you can still contribute to your RRSPs and designate the amount you contributed as a repayment under the HBP. We do not consider an amount you designate as a repayment under the HBP to be an RRSP contribution. Therefore, you cannot claim a deduction for this amount on your tax return.

What happens if I choose to begin my repayments earlier?

In such case, your repayment period will remain the same. Any repayments made before you are required to start your repayments will reduce the amount you have to repay for the first year. If your early repayments are more than this required amount for the first year, the difference will reduce your HBP balance and your remaining repayment amounts over the entire repayment period.

What happens if I repay more than the amount I have to repay for the year?

If your designated HBP repayment is more than the amount you are required to repay for the year, we will reduce the HBP required repayments for later years. You will still have to make a repayment in the following year.

The annual Home Buyers’ Plan (HBP) Statement of Account that we send with your notice of assessment or notice of reassessment takes into account any additional payments you made, and will give you the minimum amount you have to repay for the next year. If you want to calculate the minimum amount you have to repay for the next year, divide your HBP balance by the number of years remaining in your repayment period.

What happens if I repay less than the amount I have to repay for the year?

If your designated HBP repayment is less than the amount you are required to repay for the year, you have to include the difference as RRSP income on line 129 of your tax return. You cannot include more than the required repayment for the year minus the amount you repay and designate as an HBP repayment. You cannot include in income an amount that is more than the result of this calculation.

What happens if I do not repay the amount I have to repay for the year?

If you do not repay the amount you have to repay for the year, you have to include it as RRSP income on line 129 of your tax return. The amount you include on line 129 is the minimum amount you have to repay as shown on your Home Buyers' Plan (HBP) Statement of Account. Your HBP balance will be reduced accordingly.

Special repayment situations

Special repayment rules apply if an HBP participant:

• dies;
• becomes a non-resident; or
• reaches the age of 71.

The HBP participant dies

General rule - If an HBP participant dies, the legal representative has to include the participant's HBP balance in the participant's income for the year of death.

The amount to be included in a deceased participant's income for the year of death is equal to the participant's HBP balance before death less any RRSP contributions (made before the participant died) designated as an HBP repayment for the year of death.

Example
John dies in 2012. At the time of death, his HBP balance was $7,000. He had made a $1,000 RRSP contribution before he died, which he intended to designate as an HBP repayment for 2012. John’s legal representative has to include $6,000 ($7,000 – $1,000) as RRSP income on line 129 of John’s final tax return for 2012.

HBP election - If, at the time of death, the participant had a spouse or common-law partner who is a resident of Canada, that individual can jointly elect with the deceased participant's legal representative, to make the repayments under the HBP and to not have the income inclusion rule apply for the deceased participant. The participant's HBP balance at the time of death less any RRSP contributions designated as an HBP repayment for the year of death is treated as if the surviving spouse or common-law partner withdrew it, and it has to be repaid to that individual's RRSPs.

Note
Prior to the year of death or in the year of death but before the participant dies, the surviving spouse or common‑law partner may have also become a participant by withdrawing an amount under the HBP (up to $25,000) from his or her RRSPs. There are no adverse tax consequences to the surviving spouse or common‑law partner if, as a result of electing to treat the deceased participant’s HBP balance as his or her own, the new HBP balance exceeds $25,000.

If, at the time of death, the participant's surviving spouse or common-law partner is also a participant under the HBP and the election described above is made, the surviving spouse's or common-law partner's revised HBP balance has to be repaid over the remaining number of years in his or her repayment period.

However, if the surviving spouse or common-law partner was not a participant, the deceased participant's HBP balance has to be repaid over the same number of years remaining in the participation period of the deceased.

To make a joint election, the surviving spouse or common-law partner and the deceased participant's legal representative must attach a signed letter to the final tax return of the deceased. The letter must state that an election is being made to have the surviving spouse or common-law partner continue making repayments under the HBP, and to not have the income inclusion rule apply for the deceased.

Generally, if the surviving spouse or common-law partner was not participating in the HBP but elects to continue making the repayments of the deceased individual, the surviving spouse or common-law partner would be considered a participant and cannot make any withdrawals under the HBP until the HBP balance is completely repaid and all the other applicable HBP conditions are met.

Note
If the deceased had not made an HBP repayment for the year of death, and the election is made, the annual repayment for that year for the deceased would not be required.

You become a non-resident

If you become a non-resident after a qualifying home is bought or built, you must choose one of the following options:

• Repay the remaining balance to your RRSP by the earliest of the following dates:
  • before the time you file your tax return for the year that you become a non-resident; or
  • 60 days after you become a non-resident.
• Include the remaining balance as RRSP income on line 129 of your tax return for the year that you become a non-resident.

Your options in the year you turn 71

After the end of the year you reach the age of 71, you will not be able to repay any withdrawals to your RRSP. This is because you cannot contribute to an RRSP after the end of the year in which you turn 71 years old.

In the year you turn 71, you can choose one of the following:

• Repay to your RRSP your remaining repayable balance.
• Make a partial repayment to your RRSP. Your remaining repayable balance at the beginning of the year you turn 72 will be divided by the number of years remaining in your repayment period, and that calculated amount will be included as income on line 129 of your tax return for each of those years.
• Make no repayment to your RRSP. Your remaining repayable balance at the beginning of the year you turn 71 will be divided by the numbers of years remaining in your repayment period, and that calculated amount will be included as income on line 129 of your tax return for each of those years.

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Chapter 3 - Other rules you should know

What happens if I do not meet all the HBP conditions?

If you do not meet all the HBP conditions, your RRSP withdrawals will not be considered eligible and they will have to be included in income for the year you received them. If we have already assessed your tax return for that year, we will reassess it to include the withdrawals.

Cancelling your participation

You can cancel your participation in the HBP if you have met all the applicable HBP conditions, except for one of the following:

• you did not buy or build a qualifying home or replacement property; or
• you became a non-resident before buying or building a qualifying home or a replacement property.

You can also cancel your participation, if you withdrew funds under the HBP to help a related person with a disability acquire a home, and:

• that person does not buy or build a qualifying home or replacement property; or
• you become a non-resident before that person buys or builds a qualifying home or a replacement property.

If either of these situations applies to you, complete the cancellation form.

Note
If you make a withdrawal from your RRSP and meet all applicable HBP conditions, you cannot cancel your participation.

If you repay to your RRSPs the full amount you withdrew under the HBP, you will not be taxed on your withdrawal. Any portion of your withdrawal that is not repaid will have to be included in your income for the year you received the funds.

You can make your cancellation payments to any of your RRSPs or to a new RRSP, with any issuer.

Due date for making cancellation payments - If you cancel your participation because a qualifying home or replacement property was not bought or built, your cancellation payments are due by December 31 of the year after the year you received the funds.

If you become a non-resident after you receive your funds and before a qualifying home is bought or built, your due date for the repayment will depend on when you became a non-resident, as follows:

• If you were a non-resident at the time you filed a tax return for the year you received the funds, repay the withdrawal to your RRSP by the earliest of the following dates:
  • the date you file your tax return for the year you made the withdrawal; or
  • December 31 of the year after the year you made the withdrawal.
• If you became a non-resident after you filed a tax return for the year you received the funds, your repayments to your RRSP must be made by December 31 after the year you made the withdrawal.

If you do not make these cancellation payments to your RRSP, the funds withdrawn must be included as income on line 129 of your tax return for the year of the RRSP withdrawal.

A cancellation payment is not considered as an RRSP contribution and must not be entered as a contribution in “Part A – Contributions” of Schedule 7, because you cannot claim a deduction for this amount on your return.

How to cancel your participation - To cancel your participation, you have to complete the Home Buyers' Plan (HBP) - Cancellation form. Send us the completed form and all RRSP contribution receipt(s) that your RRSP issuer gave you.

Participation in the HBP in a later year

If you could not participate in the HBP in a particular year, because you did not meet the first-time home buyer's condition or because your HBP balance was not zero on January 1 of the year you wanted your participation period to start, you may be able to participate in a later year.

First-time home buyer - If, during the period beginning January 1 of the fourth year before the year of the withdrawal and ending 31 days before the date of the withdrawal, neither you nor your spouse or common‑law partner owned a home that you occupied as your principal place of residence, you may be able to participate in the HBP. For example, if in 2007 you sold the home you previously lived in, you may be able to participate in 2012. Or if you sold the home in 2008, you may be able to participate in 2013.

HBP balance - If you have previously participated in the HBP, you can do so again if your HBP balance on January 1 of the year in which you want your new participation to begin is zero, and you meet the first time home buyer’s condition as well as all the other HBP conditions that apply to your situation.

For example, if you withdrew funds from your RRSPs under the HBP in 2001, your repayment period is from 2003 to 2017. If you repay the funds you withdrew over the full 15-year repayment period, you may be able to participate in the HBP again in 2018. If you completed repaying the funds in 2012, you may be able to participate in the HBP again in 2013.

Note
If you repay the remainder of your HBP balance owing by designating an RRSP contribution made in the first 60 days of the following year, we consider your HBP balance to be zero on January 1 of the year in which the contribution was made.

Use of funds withdrawn for other purposes

As long as you buy or build a qualifying home, and you meet all the applicable conditions to participate in the HBP, you can use the funds you withdrew under the HBP for any purpose.

Participation in the Lifelong Learning Plan (LLP) and in the HBP at the same time

You can participate in the HBP even if you have withdrawn funds from your RRSPs under the LLP that you have not yet fully repaid. For more information about the LLP, see Guide RC4112, Lifelong Learning Plan (LLP).

Home Buyers' Plan (HBP) - Cancellation

Home Buyers' Plan (HBP) - Cancellation.

For more information

What if you need help?

If you need more information after reading this guide, visit our Web site or call 1-800-959-8281.

Forms and publications

To get our forms or publications, go to Forms and publications or call 1‑800‑959‑2221.

Form
T1036	Home Buyers’ Plan (HBP) Request to Withdraw Funds from an RRSP
Guide
RC4112	Lifelong Learning Plan (LLP)

My Account

My Account is a secure, convenient, and time-saving way to access and manage your tax and benefit information online, seven days a week! If you are not registered with My Account but need information right away, use Quick Access to get fast, easy, and secure access to some of your information. For more information, go to My Account for Individuals or see Pamphlet RC4059, My Account for individuals.

Tax Information Phone Service (TIPS)

For personal and general tax information by telephone, use our automated service, TIPS, by calling 1‑800‑267‑6999.

Teletypewriter (TTY) users

TTY users can call 1‑800‑665‑0354 for bilingual assistance during regular business hours.

Our service complaint process

If you are not satisfied with the service that you have received, contact the CRA employee you have been dealing with or call the telephone number that you have been given. If you are not pleased with the way your concerns are addressed, you can ask to discuss the matter with the employee’s supervisor.

If the matter is not settled, you can then file a service complaint by completing Form RC193, Service-Related Complaint. If you are still not satisfied, you can file a complaint with the Office of the Taxpayers’ Ombudsman.

For more information, go to Service Complaints or see Booklet RC4420, Information on CRA – Service Complaints.

Your opinion counts

If you have any comments or suggestions that could help us improve our publications, send them to :

Taxpayer Services Directorate
Canada Revenue Agency
395 Terminal Avenue
Ottawa ON  K1A 0S5

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