Subsection 146.01(1) - Definitions
Eligible Amount
Administrative Policy
14 June 2012 External T.I. 2012-0443711E5 F - RAP - Annulation de la vente de l'immeuble
In confirming that a judgment declaring a sale of a home to be void would not affect the operation of the HBP rules where the home in question was...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Effective Date | subsequent court-ordered voiding of home purchase did not retroactively void satisfaction of the HBP conditions at home purchase time | 99 |
29 September 1994 Memorandum (C.T.O. "First-time Home buyer under Home Buyers' Plan")
The exclusion in s. 146.01(1)(d.1)(ii) limits the exclusion to individuals to have spouses at the time of the withdrawal. Accordingly, if at the...
HBP Balance
Administrative Policy
7 October 2022 APFF Financial Strategies and Instruments Roundtable Q. 7, 2022-0938221C6 F - Régime d'accession à la propriété (RAP) - rembours
As part of the rules for allowing an individual to participate in a home buyers’ plan (HBP) in more than one calendar year, individuals can have...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146.01 - Subsection 146.01(1) - Regular Eligible Amount - Paragraph (i) | an HBP balance is not reduced at the beginning of the year of a contribution repayment by the repayment amount until the repayment is made | 239 |
Qualifying Home
Administrative Policy
17 September 1998 External T.I. 98222950 F - Régime d'accession à la propriété - habitation admissible
In finding that the definition of "qualifying home" include a residential unit in a semi-commercial building, CRA stated:
[S]ingle-family homes,...
3 April 1992 T.I. (Tax Window, No. 18, p. 23, ¶1865)
The purchase by an individual of the interest of a former common-law spouse in a jointly-owned home would qualify as the acquisition of a...
Regular Eligible Amount
Paragraph (a)
Administrative Policy
25 February 2011 External T.I. 2010-0387991E5 F - RAP, intention, lieu principal de résidence
Did a taxpayer meet the eligibility criteria for an HBP where there was an intention to start using a qualifying home as the individual's...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146.01 - Subsection 146.01(3) | timing of HBP balance reduction | 141 |
Paragraph (b)
Administrative Policy
11 February 2015 External T.I. 2014-0550871E5 F - RAP situation particulière
An individual and other persons inherited a house and, when the others accepted the inheritance, they made a gift to the individual of their...
28 September 2010 External T.I. 2010-0370831E5 F - RAP, acquisition par donation
Is the home buyers' plan (HBP) available where the home is acquired by way of gift? CRA responded:
[Y]ou must have entered into a written...
Paragraph (e)
Administrative Policy
14 June 2013 External T.I. 2013-0477881E5 F - Régime d'accession à la propriété
Can an individual who had already owned a home in the U.S withdraw an amount from an RRSP under the home buyers’ program? After stating that...
14 April 2010 External T.I. 2010-0356901E5 F - RAP- Rétroactivité
Before indicating that on the submitted facts, the correspondent did not qualify under para. (e). CRA stated:
We are of the view that the...
Paragraph (f)
Administrative Policy
7 October 2021 APFF Financial Strategies and Instruments Roundtable Q. 5, 2021-0903871C6 F - HBP - Breakdown of marriage or common-law partners
CRA accepted that “common-law partners” (Mr. X and Ms. Y), who had been living in a home owned by Mr. X, would cease to have the quoted status...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Common-Law Partner | former common-law partners can live separate and apart in the same house, and cessation of their status is effective the first day | 193 |
| Tax Topics - Income Tax Act - Section 146.01 - Subsection 146.01(2.1) - Paragraph 146.01(2.1)(a) | when two spouses separate in the same co-owned house, one can make an HBP withdrawal to purchase the co-ownership interest of her spouse | 249 |
11 October 2019 APFF Financial Strategies and Instruments Roundtable Q. 2, 2019-0811881C6 F - HBP/HBTC - Death of a spouse
Monsieur had predeceased Madame, aged 58, three months before her purchase of a condo in July 2019, using funds withdrawn from her RRSP. Monsieur...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.05 - Subsection 118.05(1) - Qualifying Home - Paragraph (a) | widow who had resided in the home of her deceased husband could access the first-time home buyer’s credit | 169 |
23 February 2004 External T.I. 2004-0057051E5 F - RAP - Personne séparée
Regarding whether the correspondent’s wife was eligible to participate in the home buyers' plan given that you have been living separate and...
Paragraph (i)
Administrative Policy
7 October 2022 APFF Financial Strategies and Instruments Roundtable Q. 7, 2022-0938221C6 F - Régime d'accession à la propriété (RAP) - rembours
An individual separates in September 2021 and wishes to use the individual’s HBP to purchase a new qualifying home in January 2022. All...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146.01 - Subsection 146.01(1) - HBP Balance | HBP balance not reduced until s. 146.01(3) repayment is made and prescribed form filed | 205 |
Subsection 146.01(1)
Subsection 146.01(2)
Paragraph 146.01(2)(a.1)
Administrative Policy
18 February 2003 External T.I. 2003-0182325 F - RAP LIEN PRINCIPAL DE RESIDENCE
A couple (Mr. and Ms. X), currently live in an apartment which they rent from the co-owners, who include Ms. X. Can they avail themselves of the...
Paragraph 146.01(2)(b)
Administrative Policy
7 January 2016 External T.I. 2015-0610201E5 F - HBP-Acquisition of a condominium unit
After referencing the vacant possession test, CRA stated (TaxInterpretations translation):
[W]hen the individual receives the keys to the unit,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Self-Contained Domestic Establishment | elf-contained domestic establishment has restricted access and a kitchen, bathroom and sleeping space | 73 |
Paragraph 146.01(2)(d)
Administrative Policy
5 October 2018 APFF Financial Strategies and Instruments Roundtable Q. 8, 2018-0761541C6 F - HBP withdrawals straddling two calendar years
At the 2010 APFF Financial Strategies and Instruments Roundtable, a Finance representative indicated that one of the factors which CRA could take...
Subsection 146.01(2.1)
Paragraph 146.01(2.1)(a)
Administrative Policy
7 October 2021 APFF Financial Strategies and Instruments Roundtable Q. 5, 2021-0903871C6 F - HBP - Breakdown of marriage or common-law partners
Two spouses (Mr. X and Ms. Y), who had been living in a home owned by Mr. X, did not cease to be spouses when they started living separate and...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146.01 - Subsection 146.01(1) - Regular Eligible Amount - Paragraph (f) | individual could make an HBP withdrawal after she started living separate and apart (but still in same house) from her common-law partner | 113 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Common-Law Partner | former common-law partners can live separate and apart in the same house, and cessation of their status is effective the first day | 193 |
Subsection 146.01(3)
Administrative Policy
25 February 2011 External T.I. 2010-0387991E5 F - RAP, intention, lieu principal de résidence
After confirming that the test under “regular eligible amount” – para. (a) was one of intention at withdrawal time rather than of whether...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146.01 - Subsection 146.01(1) - Regular Eligible Amount - Paragraph (a) | test is one of intention at withdrawal time and not whether closing actually occurred | 136 |