Opinion
Budget 2019 – Poor wording requires 2 ex-spouses within 5 years for Home Buyers Plan
This is one of those rare times I hope I am wrong in my interpretation, and look forward to being proven wrong by my professional colleagues.
On March 19, 2019 the federal government tabled its election-year budget. One of the newest and strangest provisions is the ability for people going through a separation or divorce to potentially have access to their RRSP under the Home Buyers Plan.
Now in my article and podcast entitled: “Escape Room – The NEW Small Business Tax Game – Family Edition” with respect to the Tax On Split Income (TOSI) rules, I made a tongue in cheek argument that people will be better off if they split, because then the TOSI rules won’t apply.
In keeping with the divorce theme, beginning in the year of hindsight, 2020, the federal government is giving you an incentive to split up and get your own place.
However, there are a few hoops:
On page 402 of the budget, under new paragraph 146.01(2.1)(a), at the time of your RRSP withdrawal under the Home Buyers Plan, you must make sure that:
- – the home you are buying is not the current home you are living in and you are disposing of the interest in the current home within two years; or
- – you are buying out your former spouse in your current home; and
you need to:
- be living separate and apart from your spouse or common-law partner;
- have been living separate and apart for a period of at least 90 days (markdown October 3, 2019 on the calendar),
- began living separate and apart from your spouse or common-law partner, this year, or any time in the previous 4 years (ok, you don’t have to wait for October); and…
…here is where the tabled proposed legislation gets messy.
Proposed subparagraph 146.01(2.1)(a)(ii) refers to where the individual
- wouldn’t be entitled to the home buyers plan because of living with a previous spouse in the past 4 years that isn’t the current spouse they are separating from
“(ii) in the absence of this subsection, the individual would not have a regular eligible amount because of the application of paragraph (f) of that definition in respect of a spouse or common-law partner other than the spouse referred to in clauses (i)(A) to (C), and…”
The problem with the wording of this provision, is that it is written in the affirmative by the legislators using the word “and”. This means, you must be able to answer “true” to all the tests for the entire paragraph to apply.
The way I read this, the only way to answer “true” to this subparagraph is if you have a second spouse (ie: spouse other than the spouse referred to) that you shared a home with and you split from in the past four years.
If you have a second spouse that you shared a home with in the past four years, then “paragraph (f)” in the definition of “regular eligible amount” would apply and the answer would be “true”.
If the answer is “true” you can then get access to your RRSP Home Buyers Plan.
If you don’t have a second spouse then, even though “paragraph (f)” might be met, the phrase “spouse other than the spouse referred to” would not be met, and therefore the answer would be “false”.
This would, in turn, cause the entire logic test of the provision to be “false” and so you would not be able to take out a “regular eligible amount” from your RRSP for the Home Buyers plan because you do not meet the provisions.
If my interpretation is correct then I would really be curious as to what part of the economy they are trying to stimulate.
In my opinion the legislation could be fixed with a simple edit:
“(ii) in the absence of this subsection, the individual would not have a regular eligible amount because of the application of paragraph (f) of that definition in respect of:
(A) a spouse or common-law partner; or
(B) a spouse or common-law partner other than the spouse referred to in clauses (i)(A) to (C); and…”
—
Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html
Daily Caller
Zelenskyy Under Siege As Top Aide Resigns After Home Raided In Major Corruption Scandal

From the Daily Caller News Foundation
Ukrainian President Volodymyr Zelenskyy’s chief of staff, Andriy Yermak, resigned Friday after his home was raided in an ongoing corruption probe that threatens to undermine Zelenskyy’s grip on power during wartime.
Ukrainian authorities on Friday raided the home of Andriy Yermak, Zelenskyy’s chief of staff and right-hand man, as part of a sweeping corruption probe investigating Zelenskyy’s possible involvement in a $100 million scheme to defraud the nation’s atomic energy company. Yermak’s resignation comes at a time when Zelenskyy is under increasing pressure to accept a U.S.-brokered peace deal to end Ukraine’s war with Russia.
The investigation has shaken Ukrainian confidence in Zelenskyy’s administration while Russian strikes continue to rock critical infrastructure. So far, Russia has not commented on the new proposed peace deal.
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Zelenskyy first rose to power on an anti-corruption platform in the 2019 elections, which propelled him into the international spotlight. He has enjoyed a positive global reputation during the three-year war with Russia and has been hailed by numerous Western leaders as a beacon of democracy against autocratic Russia.
Zelenskyy has so far worked with the U.S. on the proposed peace agreement, but has also expressed major reservations about what it will mean for his country. In a public address on November 21, Zelenskyy said the plan puts Ukraine in the position of “either losing its dignity or the risk of losing a key partner.”
Despite the prospect of losing U.S. intelligence sharing and weapons if Ukraine doesn’t accept the deal, Zelenskyy has been shoring up European alliances and international support, most recently signing a deal with France to obtain 100 Rafale jets for its air force. The deal also included anti-air equipment, drones and other munitions.
The Ukrainian Ministry of Foreign Affairs did not immediately respond to the Daily Caller News Foundation’s request for comment.
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