RC4112(E) Rev. 07
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Use this guide if you want information about participating in the Lifelong Learning Plan (LLP).
The LLP allows you to withdraw amounts from your registered retirement savings plans (RRSPs) to finance training or education for you, your spouse or your common-law partner. You do not have to include the withdrawn amounts in your income, and the RRSP issuer will not withhold tax on these amounts.
You have to repay these withdrawals to your RRSPs over a period of no more than 10 years. Any amount that you do not repay when due will be included in your income for the year it was due.
The glossary gives general definitions of the terms we use. Chapter 1 gives information on how the LLP works. Chapter 2 explains how to repay withdrawals under the LLP.
This guide uses plain language to explain the most common tax situations. If you need help after reading the guide, visit our Web site or call us at 1-800-959-8281.
Again this year, you have the opportunity to look at My Account. This is an online service that gives you the convenience and flexibility of viewing your personalized information including Registered Retirement Savings Plan (RRSP), Home Buyers’ Plan (HBP), and Lifelong Learning Plan (LLP) information. Visit our secure My Account Web site .
Forms and publications - Throughout this guide, we refer to other forms and publications. You can get these forms and other publications from our Forms and publications page or by calling 1-800-959-2221.
Beginning in 2007, a registered retirement savings plan (RRSP) must mature by the end of the year in which the annuitant turns 71 years of age (previously 69 years of age). Similarly, registered pension plans (RPPs) and deferred profit sharing plans (DPSPs) will generally be required to commence the payment of benefits to members by the end of the year in which the members turn 71 years of age.
This glossary provides a general description of the technical terms that we use in this guide.
Common-law partner – This applies to a person who is not your spouse (see definition), with whom you are living in a conjugal relationship, and to whom at least one of the following situations applies. He or she:
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 the 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.
Designated educational institution – This is a university, college, or other educational institution that qualifies for purposes of the education amount on line 323 of your return.
LLP balance - Your LLP balance is the total of the amounts you have withdrawn from your RRSPs that meet the LLP rules, minus the amounts you have repaid to your RRSPs or have included in your income.
LLP student - This is the individual whose education you are financing under the LLP. It can be you, your spouse, or your common-law partner, but not your child or the child of your spouse or common-law partner. You have to participate in the LLP for the same LLP student each year until the year after you have reduced your LLP balance to zero.
LLP withdrawal - This is an amount that you withdraw from your RRSPs under the LLP rules.
Qualifying educational program - This is an educational program that requires a student to spend 10 hours or more per week on courses or work in the program, and that lasts three or more consecutive months. The educational program must be offered at a designated educational institution. Where an educational institution, other than one certified by Human Resources and Social Development Canada offers the educational program, the educational program must be at a post-secondary school level.
Repayment year - This is a year in which you are required to make a repayment under the LLP. You have to make the repayment no later than 60 days after the end of that year.
RRSP contribution - This is the amount you pay, in cash or in kind, when you contribute to an RRSP.
RRSP deduction - This is the amount you indicate on line 208 of your return.
RRSP deduction limit - This is the maximum amount you can deduct for a year for contributions you made to your own or to your spouse's or common-law partner's RRSPs.
RRSP owner (also called annuitant) - This is the individual named in the RRSP contract as the one who will receive the RRSP money at maturity.
Spouse - You have a spouse when you are legally married.
The Lifelong Learning Plan (LLP) allows you to withdraw up to $10,000 in a calendar year from your registered retirement savings plans (RRSPs) to finance full-time training or education for you, your spouse or common-law partner. You cannot participate in the LLP to finance your children's training or education, or the training or education of your spouse's or common-law partner's children. As long as you meet the LLP conditions every year, you can withdraw amounts from your RRSPs until January of the fourth year after the year you make your first LLP withdrawal. You cannot withdraw more than $20,000 in total.
You do not have to include the withdrawn amounts in your income, and the RRSP issuer will not withhold tax on these amounts. You have to repay these withdrawals to your RRSPs over a period of no more than 10 years. Any amount that you do not repay when it is due will be included in your income for the year it was due. This chapter explains the conditions that you and the LLP student have to meet to participate in the LLP, and how to make an LLP withdrawal. The following chart summarizes the LLP withdrawal process.
All three conditions must be met. However, if the LLP student meets one of the disability conditions (see "Who can be enrolled on a part-time basis?"), he or she can be enrolled on a part-time basis.
If you are an RRSP owner, you can usually participate in the LLP to withdraw funds from your RRSPs for your own, your spouse's or your common-law partner's education.
Certain types of RRSPs, such as locked-in 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.
You cannot participate in the LLP after the end of the year you reach the age of 71. For more information, see "Options when you turn 71 (previously 69)."
You have to be a resident of Canada when you receive funds from your RRSPs under the LLP. If you are not sure whether you are considered a resident or non-resident of Canada, or if you need more information about residency status, visit our International and Non-resident taxes page, or call us at 1-800-959-8281. If you become a non-resident after you make an LLP withdrawal, see "If you become a non-resident."
The LLP student can be either you, your spouse or your common-law partner. You cannot name your child or the child of your spouse or common-law partner as an LLP student.
The LLP student must enrol:
The educational institution determines when the student is considered to be enrolled in a program, and when the student is no longer enrolled. Usually, the student is considered to be enrolled when part or all of his fees are paid.
If the LLP student is not already enrolled in a program, he must have received a written offer to enrol before March of the year after you withdraw funds from your RRSPs. A conditional written offer is acceptable.
You cannot participate in the LLP if the student has already completed the program and is no longer enrolled.
A qualifying educational program is an educational program offered at a designated educational institution. Where an educational institution, other than one certified by Human Resources and Social Development Canada, offers the educational program, the program must be at a post-secondary school level. The program has to:
A designated educational institution is a university, college, or other educational institution that qualifies for the education amount on line 323 of your return. Contact us at 1-800-959-8281 if you are not sure whether a particular institution qualifies as a designated educational institution.
The educational institution determines who is a full-time or part-time student. The requirement that the student enrol as a full-time student is separate from the qualifying educational program requirement. The qualifying educational program requirement can be met by a person taking courses by correspondence or by a person enrolled in a distance education program. Even if the student is enrolled in a program that requires spending 10 hours or more per week on courses or work in the program, the institution may consider the student to be enrolled on a part-time basis. If this is the case, you cannot participate in the LLP. The following section explains the only exception to this rule.
An LLP student who meets one of the disability conditions can be enrolled on a part-time basis. The program in which the student is enrolled must still be a qualifying educational program that usually requires a student to spend 10 hours or more per week on courses or work in the program. However, a student who meets the disability conditions can spend less than 10 hours per week on courses or work in the program.
We consider the LLP student to meet the disability conditions if one of the following situations applies:
Note
If the student was allowed the disability amount on his or her return for the previous year and still meets the eligibility requirements for the disability amount, the student will meet the disability condition for the LLP. The student will also meet this condition if someone else claimed the disability amount for the student in the previous year and the student still meets the eligibility requirements for the disability amount. If you have questions about the disability amount, contact us at 1-800-959-8281.
If the LLP student is not already enrolled when you make the withdrawal, the student has to enrol in a qualifying educational program before March of the year after the LLP withdrawal.
If the LLP student does not enrol in the program in time, you have to cancel your LLP withdrawals. For more information, see "How to cancel your LLP withdrawal".
Under the LLP, you can withdraw up to $10,000 in a calendar year from your RRSPs. This is your annual LLP limit. The amount you withdraw is not limited to the amount of tuition or other education expenses.
Your spouse or common-law partner can also withdraw up to $10,000 from RRSPs under the LLP in the same year you do. For more information, see "Can my spouse or common-law partner and I participate in the LLP at the same time?".
You can keep withdrawing amounts from your RRSPs until January of the fourth year after the year you made your first LLP withdrawal, as long as the LLP student continues to meet the conditions explained under "What conditions does the LLP student have to meet?".
Example 1
Eugene makes his first LLP withdrawal in 2007 for himself as the LLP student. He continues to meet the LLP student conditions every year. He has to make his last withdrawal before February 2011.
You cannot withdraw more than $20,000 each time you participate in the LLP. This is your total LLP limit. You can participate in the LLP again, starting the year after you bring your LLP balance to zero.
If you withdraw more than the annual LLP limit of $10,000, the excess will be included in your income for the year of the withdrawal. The excess does not reduce your total LLP limit of $20,000.
If you withdraw more than the total LLP limit of $20,000, the excess will be included in your income for the year you exceed the total LLP limit.
To make an LLP withdrawal, use Form RC96, Lifelong Learning Plan (LLP) — Request to Withdraw Funds From an RRSP. You have to complete Form RC96 for each withdrawal that you make. You can select the link above to download and print this form, or you can get printed copies by calling 1-800-959-2221.
Complete Part 1 of Form RC96. You can name yourself, your spouse or your common-law partner as the LLP student in Part 1. After you complete this part, give the form to your RRSP issuer, who will complete Part 2. Your RRSP issuer will not withhold tax from the funds you withdraw if you meet the LLP conditions. Your RRSP issuer will send you a T4RSP slip, showing the amount you withdrew under the LLP. Attach this slip to your tax return.
Starting in the year you make your first LLP withdrawal, you have to complete and send us a return every year until you have repaid all of your LLP withdrawals or included them in your income. You have to send us a return even if you do not owe any tax. Attach the T4RSP slips that your RRSP issuer sends you for your LLP withdrawals.
Complete Schedule 7, RRSP Unused Contributions, Transfers, and HBP or LLP Activities (included in your income tax package), and attach it to your return to show your total LLP withdrawals and repayments in the year. This will help both you and CRA to keep track of them.
When you file your return for the first year you are participating in the LLP, you can use Schedule 7 to change the LLP student that you named on Form RC96. If you named your spouse or common-law partner as the LLP student, you can change it to yourself. If you named yourself as the LLP student, you can change it to your spouse or common-law partner. You cannot change the LLP student you have named after you file your return for that first year.
You can continue to make contributions to RRSPs and deduct them from your income on your return after you have made an LLP withdrawal. However, you may not be able to deduct contributions you made before the withdrawal. The following explains the restrictions that apply.
If you do not have an RRSP, you cannot set one up and then make an LLP withdrawal immediately. The contribution has to be in the RRSP for 90 days before you can deduct it from your income on your tax return.
If you already have an RRSP and you contribute to it in the 89-day period before you make an LLP withdrawal, you may not be able to deduct the contribution from your income on your return at any time even if you repay this amount to your RRSP under the LLP. If the value of the RRSP right after the LLP withdrawal is more than or the same as the amount of the RRSP contribution, you can deduct the entire contribution. If the value of the RRSP right after the LLP withdrawal is less than the amount of the RRSP contribution, you cannot deduct some or all of the contribution. To find out how much you cannot deduct, use the following formula for each RRSP from which you make an LLP withdrawal:
Total contributions you made to the RRSP in the 89-day period before the LLP withdrawal
Minus:
Value of the RRSP immediately after you made the LLP withdrawal
Equals:
The part of the contributions you cannot deduct at any time
|
February 10, 2007 |
||||
|
Value of RRSP before contribution |
$ |
6,500 |
||
|
February 10, 2007, contribution |
+ |
$ |
8,000 |
|
|
Value after the contribution |
= |
$ |
14,500 |
|
|
March 1, 2007 |
||||
|
LLP withdrawal |
– |
$ |
10,000 |
|
|
Value after withdrawal |
= |
$ |
4,500 |
|
|
Stephen determines the part of his contribution that is not deductible as follows: |
||||
|
Contribution in the 89 days before the LLP withdrawal |
$ |
8,000 |
||
|
Minus: the value after the withdrawal |
– |
$ |
4,500 |
|
|
Result |
= |
$ |
3,500 |
|
Stephen cannot deduct $3,500 of the contribution he made on February 10, 2007, for any year.
You can use the Appendix to determine the part of the RRSP contributions you or your spouse or common-law partner made that is not deductible for any year.
For you to be able to repay the LLP withdrawals over a 10-year period, the LLP student usually has to either:
If the LLP student leaves the program before April of the year after the withdrawal, you can still make your repayments over a 10-year period if less than 75% of the student's tuition is refundable by the educational institution.
If the LLP student leaves the program before April of the year after the withdrawal, and 75% or more of the LLP student's tuition is refundable, you have to cancel the LLP withdrawal. For more information, see "How to cancel your LLP withdrawal?" below. If you do not cancel it, the amount you withdrew will be included in your income for the year you withdrew it.
We check the LLP student's education amount on line 323 of the student's return for the year you make the withdrawal and for the following year. If we cannot determine from the education amount that the LLP student has continued in the program, we will contact you to find out if you still meet the conditions to make the repayments over a 10-year period.
Example 3
In September 2007, George withdraws $1,000 from his RRSPs under the LLP. Earlier in the same month, he enrolled in a four-month college program and paid $750 in tuition fees. George completes the program in January 2008. Therefore, he can repay his LLP amounts over a 10-year period.
Note
Special rules apply if the LLP student dies. For more information, see "If the person who made the LLP withdrawal dies."
You can cancel your LLP withdrawal by paying it back to your RRSPs if any of the following situations applies:
You can make the payment to any of your RRSPs with any issuer, or you can open a new RRSP. You cannot make a cancellation payment to your spouse's or common-law partner's RRSPs.
When you make the cancellation payment to your RRSP, your RRSP issuer will give you a receipt. Complete the cancellation form at the end of this guide and send it, along with the receipt, to the address on the form.
Any amount that you do not repay will be included in your income for the year you withdrew it. If we have already assessed your return for that year, we will reassess it to include the unpaid amount. Interest will be charged and penalties assessed, if applicable.
If you are a resident of Canada when you file your tax return for the year in which you made the withdrawal, the due date for the cancellation payment is December 31 of the year after the year you made the withdrawal.
If you are a non-resident of Canada when you file your tax return for the year in which you made the withdrawal, the due date for the cancellation payment is the earlier of:
Example 4
On May 1, 2007, Patrick applies to three Canadian universities as a full-time student. On July 10, 2007, Patrick receives a written offer to enrol in a program at one of the universities. On July 13, 2007, he makes an LLP withdrawal of $10,000. Since Patrick withdrew the funds in 2007, he has to enrol in the program before March 1, 2008. If he does not, Patrick will have to cancel the LLP withdrawal by paying back the $10,000 to his RRSP by December 31, 2008. We will include any amount he does not repay in his income for 2007.
There is no limit on the number of times you can participate in the LLP over your lifetime. Starting in the year after you bring your LLP balance to zero, you can participate in the LLP again and withdraw up to $20,000 over a new qualifying period.
Yes. You can do any of the following:
Each of you can withdraw up to the annual LLP limit of $10,000 in a year, and up to the total LLP limit of $20,000 over the period you are participating in the LLP.
You can make LLP withdrawals for you, your spouse or common-law partner from more than one RRSP if you are the RRSP owner of each one. Your total LLP withdrawals in a year from all of your RRSPs cannot be more than the annual LLP limit of $10,000. In addition, your total LLP withdrawals over the period that you are participating in the LLP cannot be more than the total LLP limit of $20,000.
As long as you meet all of the LLP conditions when you make the withdrawal, you can use the funds you withdrew for any purpose. For example, you could use other savings to pay for your tuition and books and use your LLP withdrawal to pay for living expenses.
You can participate in the LLP even if you have withdrawn amounts from your RRSPs under the Home Buyers' Plan that you have not yet fully repaid. For more information about the Home Buyers' Plan, see Guide RC4135, Home Buyers' Plan (HBP).
It is possible to participate in the LLP even if the LLP student does not qualify for the education amount on line 323 of his or her return. The LLP student may not be able to claim the education amount because he or she is receiving a reimbursement, benefit, grant, or allowance for the educational program, or because he or she is receiving a salary or wages while studying for a program related to the student's job. If it is only for one of these reasons that the LLP student cannot claim the education amount, you can still participate in the LLP. However, we may ask you for documentation to show that you qualify to participate in the LLP.
You have to make repayments to your RRSPs over a period of no more than 10 years. Usually, each year you have to repay 1/10 of the total amount you withdrew until the full amount is repaid. You do not have to pay any interest on the amounts you withdrew.
You will receive an LLP Statement of Account each year on your Notice of Assessment or Notice of Reassessment. This statement will show the total LLP withdrawals, the amount you have repaid to date, your LLP balance, and the amount you have to repay the following year.
To determine when you have to start repaying your LLP withdrawals, use the chart. In some situations, the latest year you can start repaying your LLP withdrawals is the fifth year after your first LLP withdrawal. However, in most cases, you have to start repaying your withdrawals before that year.
We determine when your repayment period starts by checking on line 323 of the LLP student's return to see if the student was entitled to the education amount as a full-time student for at least three months. If the LLP student does not meet this education amount condition two years in a row, your repayment period usually starts in the second of those two years. If the LLP student continues to meet this condition every year, your repayment period starts in the fifth year after your first LLP withdrawal.
In some cases, the LLP student is not entitled to the education amount for three months in any year. This can happen if the program is a short one and the student starts it near the end of a year. In that case, your first repayment year is the second year after the year of your LLP withdrawal. If the student is not entitled to the education amount for three months in any year because the student left the program, see "What happens if the LLP student leaves the educational program?".
Example 5
Sarah makes LLP withdrawals from 2004 to 2007.
She continues her education from 2004 to 2009, and is entitled to claim the education amount as a full-time student for at least three months on her return every year. Sarah's repayment period is from 2009 to 2018, since 2009 is the fifth year after the year of her first LLP withdrawal.
The due date for her first repayment is March 1, 2010, which is 60 days after the end of 2009, her first repayment year.
Example 6
Joseph makes an LLP withdrawal in 2006 for a qualifying educational program he is enrolled in during 2006. He is entitled to the education amount as a full-time student for five months of 2006. Joseph completes the educational program in 2007, and he is entitled to the education amount as a full-time student for five months on his return for 2007. He is not entitled to the education amount for 2008 or 2009. Joseph's repayment period begins in 2009.
Note
Even if you become bankrupt, you still have to repay all your LLP withdrawals to your RRSPs. If you do not, you have to include the required amounts in your income each year as they become due.
When to start repaying your LLP withdrawals
Use this chart to determine when you have to start repaying your LLP withdrawals. This chart does not cover cancelling your withdrawal. For that situation, see "How to cancel your LLP withdrawal".
Step 1
Is this the year of your first LLP withdrawal?
If no, go to Step 2.
If yes, you do not have to start repaying your LLP withdrawal this year.
Step 2
Is this the fifth year after your first LLP withdrawal?
(If you made your first LLP withdrawal in 2004, then 2009 would be the fifth year after your first LLP withdrawal.)
If no, go to Step 3.
If yes, you have to start repaying your LLP withdrawals this year.
Step 3
Will the LLP student be entitled to the education amount as a full-time student on line 323 of his or her return for at least three months this year?
If no, go to Step 4.
If yes, you do not have to start repaying your LLP withdrawals this year.
Step 4
Was the LLP student entitled to the education amount as a full-time student for at least three months on his or her return for last year?
If no, you have to start repaying your LLP withdrawals this year.
If yes, you do not have to start repaying your LLP withdrawals this year.
To make your repayments, you have to contribute to your RRSPs in the repayment year or in the first 60 days of the following year. You can make the repayments to any of your RRSPs with any issuer, or you can open a new RRSP. You cannot designate a contribution you made to your spouse's or common-law partner's RRSPs (or a contribution your spouse or common-law partner made to your RRSPs) as a repayment under the LLP. You have to designate your repayment for the year by completing Schedule 7, RRSP Unused Contributions, Transfers, and HBP or LLP Activities (included in your income tax package), and filing it with your tax return for the repayment year.
You have to make your repayments to your RRSPs even if your RRSP deduction limit is zero or a negative amount. We do not consider an amount you designate as a repayment under the LLP to be an RRSP contribution. Therefore, you cannot claim a deduction for this amount on your return.
Example 7
Betty has an LLP balance of $7,500. Her repayment period is from 2007 to 2016. For her first repayment year, she needs to repay $750, which is 1/10 of the amount she withdrew. Betty contributes $6,000 to her RRSPs in 2007.
To designate $750 as her 2007 repayment, she has to file Schedule 7 with her 2007 return. Betty can deduct the remaining $5,250 she contributed if the RRSP deduction limit shown on her Notice of Assessment for 2006 is at least $5,250.
You may have made contributions to your RRSPs from January 1 of the repayment year up to the 60th day of the following year that cannot be designated as repayments under the LLP.
You cannot designate amounts that:
Any payments you make before the first repayment year reduce your first required repayment. For example, assume your first repayment year is 2008 and $1,000 is your required repayment. If you make an early repayment of $600 in 2007, your required repayment for 2008 is $400.
If you designate an amount that is less than the amount you have to repay, you have to include the difference in your income on line 129 of your return. The amount you include in your income is equal to the amount you have to repay minus the amount you designate as a repayment for the year. The amount you include in your income cannot be more than the result of this calculation.
Your LLP balance is reduced by the amount you repay plus the amount you include in income. If you want to calculate the amount you have to repay for the next year, divide your LLP balance by the number of years remaining in your repayment period.
Example 8
Josée makes a $10,000 LLP withdrawal in 2005 for a four-month qualifying educational program that finishes in 2005. For 2007, Josée's repayment is $1,000 ($10,000 ÷ 10). Josée contributes $700 to her RRSPs in 2007, and she files Schedule 7 with her return to designate the $700 as a repayment under the LLP. Josée has to include $300 in her income on line 129 of her 2007 return. She determined this as follows:
|
Amount she has to repay for 2007 |
$ |
1,000 |
|
|
Minus: Amount she designates as a |
|
|
|
|
Amount she includes as income on line 129 |
= |
$ |
300 |
She cannot claim a deduction for the $700 contributed to her RRSPs because she designated those contributions as a repayment under the LLP. In 2008, she will have to repay $1,000 ($9,000 ÷ 9).
If you repay and designate more than you have to repay for a year, the amount you have to repay in each of the following years will be less. The LLP Statement of Account on your Notice of Assessment or Notice of Reassessment takes into account any additional payments you make and tells you how much you have to repay for the next year. If you want to calculate the amount you have to repay for the next year, divide your LLP balance by the number of years left in your repayment period.
Example 9
Alexander's repayment period is from 2003 to 2012. His LLP balance is $8,500. Alexander's repayment for 2003 was $850 ($8,500 ÷ 10). He made the repayment for 2003, 2004, and 2005. In 2006, he received an inheritance and decided to contribute $4,000 to his RRSPs and designate that amount as a repayment under the LLP for 2006. He calculates the amount he has to repay for 2007 using the following chart:
Calculating the annual amount Alexander has to repay
|
Year |
LLP balance at the beginning of the year |
Amount Alexander has to repay for the year |
Amount Alexander designates as a repayment for the year |
LLP balance for the following year |
|---|---|---|---|---|
|
2003 |
$8,500 |
$850 |
$850 |
$7,650 |
|
2004 |
$7,650 |
$850 |
$850 |
$6,800 |
|
2005 |
$6,800 |
$850 |
$850 |
$5,950 |
|
2006 |
$5,950 |
$850 |
$4,000 |
$1,950 |
|
2007 |
$1,950 |
$325 |
$325 |
$1,625 |
Additional repayment rules apply if you:
Usually, if the person who made the LLP withdrawal dies, the legal representative has to include the LLP balance in the deceased person's income for the year of death. If the deceased person contributed to an RRSP in the year of death, the legal representative can designate the contributions as a repayment under the LLP using Schedule 7, RRSP Unused Contributions, Transfers, and HBP or LLP Activities. This reduces the LLP balance that the legal representative has to include in the deceased person's income.
Note
An LLP student who dies may not have been the person who made the LLP withdrawal. If this is the case,
the person who made the withdrawal makes the required LLP repayments over the usual 10-year period.
If, at the time the person who made the LLP withdrawal dies, he or she has a spouse or common-law partner who is a resident of Canada, that individual can elect jointly with the deceased person's legal representative to make the repayments and to not include the LLP balance in the deceased person's income. If the surviving spouse or common-law partner is also the legal representative, he or she makes the election.
To make this election, the surviving spouse or common-law partner and the deceased person's legal representative sign a letter and attach it to the deceased person's tax return for the year of death. The letter should state that an election is being made to have the surviving spouse or common-law partner make the repayments under the LLP, and to not have the income inclusion rule apply for the deceased person. The deceased person's LLP balance then becomes the survivor's LLP balance. The surviving spouse or common-law partner makes the repayments to his or her own RRSPs.
Note
If an election is made and the deceased person had not made a repayment for the year of death, no repayment will be required for that year for the deceased.
If the surviving spouse or common-law partner has no LLP balance of his or her own, he or she repays the LLP balance over the deceased person's repayment period. If the surviving spouse or common-law partner wants to make LLP withdrawals, the LLP balance taken over from the deceased person will limit the amount he or she can withdraw. The survivor's total LLP limit will be $20,000 minus the LLP balance taken over from the deceased person. The annual LLP limit for the year of death will be $10,000 minus the remaining LLP balance of the deceased person.
Example 10
Isabelle died in 2007. At the time of death, she had an LLP balance of $7,200. Her repayment period is from 2006 to 2015. Her husband Bruno is her legal representative.
Bruno decides to elect to make the repayments. He checks the LLP Statement of Account on Isabelle's most recent Notice of Assessment. It shows that the amount she has to repay for 2007 is $800. When he prepares Isabelle's return for 2007, he does not include her LLP balance in her income. Instead, he writes a letter explaining that he is electing to make his late wife's LLP repayments. He signs the letter and attaches it to her return. Bruno contributes $800 to his RRSP and when he completes his own return for 2007, he designates that amount as an LLP repayment using Schedule 7.
If Bruno wants to participate in the LLP for his own education, his total LLP limit is now $20,000 minus the remaining LLP balance from Isabelle. In addition, his annual LLP limit for 2007 is $10,000 minus the remaining LLP balance from Isabelle.
If Bruno did not make the election, he would have to include $7,200 as income on line 129 of Isabelle's final return for 2007.
If the surviving spouse or common-law partner already had an LLP balance of his or her own at the time the person dies, the deceased person's LLP balance is added to the survivor's LLP balance. This may cause the survivor's LLP balance to be more than the $10,000 annual limit or the $20,000 total limit. If this occurs, we will not include the excess in the income of either the survivor or the deceased person. The surviving spouse or common-law partner has to repay the new balance over his or her own repayment period.
Example 11
Irene died on June 10, 2007. At the time of death, she had an LLP balance of $7,000 to be repaid. Irene's common-law partner Paul is the estate's legal representative. He decides to make Irene's LLP repayments. He has his own LLP balance of $14,000, and his repayment period is from 2007 to 2016. Paul will add Irene's LLP balance of $7,000 to his own LLP balance of $14,000, and repay the total $21,000 over his repayment period (from 2007 to 2016).
If you become a non-resident of Canada after the year you make an LLP withdrawal, your LLP balance becomes payable for the year that you become a non-resident.
The due date for the repayment is the earlier of:
You have to designate your repayment for the year by completing Schedule 7 and filing it with your tax return for the year that you become a non-resident. If you do not repay your LLP balance by the due date, you have to include the unpaid amount in your income for the year that you became a non-resident. The amount is included in income for the period you were a resident of Canada.
If you become a non-resident before the end of the year in which you make an LLP withdrawal, you have to cancel your LLP withdrawals by paying them back to your RRSPs.
If you are a non-resident of Canada when you file your tax return for the year in which you made the LLP withdrawal, the due date for the cancellation payment is whichever is earlier:
If you are a resident of Canada when you file your tax return for the year in which you made the LLP withdrawal, the due date for the cancellation payment is December 31 of the year after the year you made the withdrawal.
When you make the cancellation payment to your RRSPs, your RRSP issuer will give you a receipt. Complete the cancellation form at the end of this guide and send it, along with the receipt, to the address shown on the form.
If you do not make the cancellation payment by the due date, we will include the LLP withdrawal in your income for the year you made it. You may be charged interest, if applicable.
After the end of the year you reach the age of 71, you are no longer able to make contributions to your RRSP and therefore are not able to repay your LLP balance. In the year you reach the age of 71, you can choose to repay all or part of your unpaid balance. After that, you will have to include your annual repayment in your income, on line 129 of your return, each year as it becomes due.
Beginning in 2007, the age limit for making repayments to your RRSP under the LLP increased to 71.
If in 2005 you turned 69, and did not fully repay your LLP repayable balance in 2005, you can make a repayment for 2007 up until December 31, 2007. Afterward, each year, you will have to include in your income the amount that would have been your annual repayment on line 129 of your return.
If in 2006 you turned 69, and did not fully repay your LLP repayable balance in 2006, you can make a repayment for 2007 before February 29, 2008. In addition, you can make a repayment for 2008 up until December 31, 2008. Afterward, each year, you will have to include in your income the amount that would have been your annual repayment on line 129 of your return.
Example 12
In 2003, Henry makes an LLP withdrawal of $9,000. His repayment period began in 2205. In 2007, he reaches the age of 71.
In 2005 the year in which he reached age 69, Henry chose to repay to his RRSP the required annual repayment of $1,200 only. As Henry was 70 years of age in 2006, he could not make a repayment to his RRSP, so he included $1,200 in income on line 129 of his 2006 return.
Henry’s LLP balance is $6,600 at the beginning of 2007. As the RRSP maturation age was increased to 71 years of age for 2007 and later years, Henry can now choose to make an LLP repayment, or to include $1,200 in is income.
Henry decides to contribute $5,200 to his RRSPs in 2007 and to designate that amount as a repayment under the LLP. This leaves him with an unpaid balance of $1,400 at the end of 2007. Henry will have to include $200 ($1,400 ÷ 7) in income for each year from 2008 to 2014. If he did not repay any part of the $6,600, he would have to include $825 in income each year from 2007 to 2014. If he repaid the entire $6,600, he would not have to include any part of this amount in his income.
Calculating the part of RRSP contributions that is not deductible for any year
Use a separate chart for each LLP withdrawal.
Area 1 - Complete this area if you are the only one who contributed to your RRSP during the 89-day period just before you made an LLP withdrawal from that RRSP.
|
1. |
RRSP account number |
____________________ |
1 | ||||
|
2. |
Amounts you contributed to the above RRSP during the 89-day period just before you made an LLP withdrawal from that RRSP * |
|
$ | 2 | |||
|
3. |
Fair market value of the above RRSP right after you made an LLP withdrawal. |
|
- | 3 | |||
|
4. |
Line 2 minus line 3 (if negative, enter "0"). This is the amount of your contributions to the RRSP |
|
= |
$ | 4 | ||
|
Area 2 - Complete this area if you contributed to your spouse's or common-law partner's RRSP during the 89-day period just before your spouse or common-law partner made an LLP withdrawal from that RRSP. |
|||||||
|
5. |
RRSP account number |
____________________ |
5 | ||||
|
6. |
Amounts you and your spouse or common-law partner contributed to the above RRSP during the 89-day period just before your spouse or common-law partner made an LLP withdrawal from that RRSP ** |
|
$ | 6 | |||
|
7. |
Fair market value of the above RRSP right after your spouse or common-law partner made an |
|
- |
7 | |||
|
8. |
Line 6 minus line 7 (if negative, enter "0"). This is the amount of the contributions to the RRSP |
|
|
$ | 8 | ||
* Do not include:
** Do not include:
*** If both you and your spouse or common-law partner made contributions to the above RRSP during the 89-day period just before your spouse or common-law partner made an LLP withdrawal, the earliest contributions made during this period are non-deductible.
RC96 Lifelong Learning Plan (LLP) - Request to withdraw funds from an RRSP
Lifelong Learning Plan (LLP) Cancelling a withdrawal
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Taxpayer Services Directorate
Canada Revenue Agency
750 Heron Road
Ottawa ON K1A 0L5