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Why read this?

  • › Your client has an RRSP
  • › Your client exceeded her contribution limit

What’s an overcontribution?

If your client has un-deducted RRSP contributions exceeding her deduction limit by more than $2,000, she’s overcontributed. CRA does not penalize smaller overcontributions.

What to do

1. Decide whether or not to withdraw the money.

CRA may penalize overcontributions above the $2,000 cushion by 1% of the excess amount per month, but your client isn’t obligated to withdraw the money, says Sandy Kirkwood-Pearce, owner of Sleegers Kirkwood-Pearce. “If the investment is doing really well, the consequences of the overpayment penalty […] might be overshadowed,” she says.

Read: What happens to RRSPs in bankruptcy?

2. If your client decides to remove the money, ask CRA to waive withholding tax.

   1. Use Part 1 of Form T3012A Tax Deduction Waiver on the Refund of your Unused RRSP Contributions made in ____ (year) to calculate the amount the RRSP administrator can refund without withholding tax.

   2. Under Part 2, designate which RRSP to withdraw the money from, and a destination account.

   3. Attach proof of the overcontributions, such as certified copies of receipts, and send four copies of the form to CRA.

   4. If CRA approves, it will return three signed copies of the form to your client.

   5. Send the copies to your client’s financial institution.

   6. Once the withdrawal is done, the institution will return two copies.

Read: 5 RRSP tips from Golombek

3. Ask CRA to waive the 1% monthly excess contribution tax.

   1. CRA may approve your client’s request, if:

      a her excess contributions arose due to a reasonable error; and

      b she’s withdrawing, or has withdrawn, the excess contributions.

   2. To make a request:

      a Fill out Form RC4288 Request for Taxpayer Relief – Cancel or Waive Penalties or Interest or write to CRA explaining:

         i why the error was made, and why it’s reasonable; and

         ii any steps you’ve taken to eliminate the excess contributions.

      b Include copies of supporting documents, such as RRSP statements, that show your client has withdrawn the excess funds, and any correspondence related to the error.

4. If CRA assesses the unused contribution room as a negative amount, your client received gift money in her RRSP or she contributed money to a partner’s RRSP without claiming a tax deduction, she may have to submit Form T1-OVP Individual Tax Return for RRSP Excess Contributions.

Read: RRSP, TFSA or both?

   1. Determine whether your client should submit the form with CRA’s T1-OVP quiz.

   2. If necessary, complete Form T1-OVP.

   3. Send CRA the form and outstanding tax.

Payment is due 90 days after the end of the tax year. Starting on day 91, CRA charges compound daily interest on unpaid tax or penalties, a late filing penalty of 5% of the balance owing, and 1% of the balance for every month a return is late.

5. Complete your client’s annual return.

If your client paid withholding tax:

   a Fill out form T746 Calculating Your Deduction for Refund of Unused RRSP Contributions.

      › Enter the amount on Line 11 of the T746 on Line 232 of the return.

   b Write the amount in Box 20 of your client’s T4RSP Statement of RRSP Income slip on Line 129 of the return.

   c Submit the T746 and T4RSP with your client’s return.

If your client didn’t pay withholding tax and has already filed the T1-OVP, complete her return as usual, says
Kirkwood-Pearce.

Sources: Sandy Kirkwood-Pearce, CPA, CGA, owner and president of Sleegers Kirkwood-Pearce in London, Ont.; Karen Slezak, CPA, CA, CFP, partner, Tax, at Crowe Soberman LLP in Toronto; CRA.

CRA withdrawal withholding tax rates
Source: CRA    
Amount Quebec Other provinces
Up to $5,000 5% 10%
$5,001 to $15,000 10% 20%
$15,001 and up 15% 30%

Read more on the iPad!

More information on ‘Completing Form T1-OVP’

by Jessica Bruno, content editor of Advisor Group.

Originally published in Advisor's Edge Report

Read this article and full issues on the iPad - click here.

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