Asian Journal

What are Registered Disability Savings Plans?

- By Johannes Weinmar

Tax Question:

What are Registered Disability Savings Plans (RDSPS)?

Facts:

An RDSP is a registered account, introduced by the federal government in 2008 and in large part due to the efforts of the Planned Lifetime Advocacy Network (PLAN). Like the registered education savings plan (RESP), it is a flexible investment account with contributi­on limits that allows an individual to earn tax-deferred investment income and capital gains in the account. RDSPS are also eligible for government funding through the Canada Disability Savings Grant (CDSG) and the Canada Disability Savings Bond (CDSB).

There are three parties to an RDSP; a legal parent, guardian or other entity that is legally authorized to act for the beneficiar­y or the beneficiar­y (owner), a plan provider and a beneficiar­y. There can be multiple subscriber­s, promoters and beneficiar­ies. Contributi­ons to an RDSP are not tax-deductible. There are no annual contributi­on limits. However, the lifetime contributi­on limit for total RDSP contributi­ons for a single beneficiar­y is $200,000. Government funding is not included as part of this limit. A beneficiar­y may only have one RDSP active at any point in time.

Discussion:

Disability planning can be complex for families, often requiring you to navigate a maze of rules around taxation, government funding, disability subsidies, private funding and more. For example, disability benefits offered by British Columbia require that you are below a certain income and asset threshold. Other benefits may only have an income threshold or an asset threshold. Different benefits may have different definition­s and exceptions for assets, particular­ly assets held in a trust or RDSP. In general, most disability funding sources will recognize RDSPS as an exempt asset for the purposes of an “asset” test.

A couple of interestin­g points:

• You can transfer amounts from an RESP to an RDSP.

• Unused grant and bond entitlemen­ts can be carried forward for a maximum of 10 years. • A plan must be owned/ opened by the disabled individual if they are able to sign a contract (not a minor or not legally competent). However, if a parent or guardian opens the account while they are unable to sign a contract, they can be “grandfathe­red” on the account and remain even if the beneficiar­y is able to sign a contract in the future.

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