Section 204.9

Subsection 204.9(5)

Paragraph 204.9(5)(e)

Administrative Policy

11 October 2019 APFF Financial Strategies and Instruments Roundtable Q. 10, 2019-0812841C6 F - RESP - Change of subscriber

RESP transferor could be liable under s. 204.91(1)

Grandfather A, who resides in the U.S., subscribed to a registered education saving plan (‘RESP”) for his Canadian-resident granddaughter, but now wishes for the subscriber to be changed to his son (the girl’s father). In the course of indicating that the RESP provisions “allow the transfer of amounts from one RESP to another,” CRA stated:

[F]or purposes of Part X.4, after the transfer, Grandfather A would be considered to be a subscriber of the receiving RESP by virtue of paragraph 204.9(5)(e). That could result in tax being payable under subsection 204.91(1) after the transfer, if, for example, there was an excess before the transfer, or if an excess arose in the year of the transfer and Grandfather A had a "subscriber’s gross cumulative excess", within the meaning of subsection 204.91(1), in respect of that excess.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 146.1 - Subsection 146.1(6.1) amounts can be transferred from one RESP to another 236