The Tax-Free Savings Account (TFSA) is the easiest way to earn tax-free investment income. One can even have millions of dollars in their TFSA, even though the cumulative TFSA contribution from 2009 to date is $109,000. These millions of dollars in this particular savings account are tax-free. The Canada Revenue Agency (CRA) closely monitors this account’s activity due to its simplicity and substantial tax savings.
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Red flags that could trigger a TFSA audit
TFSA rules are simple. Canadians above 18 years of age can invest in eligible investment securities through this account. You invest your after-tax income, and from here on, you pay no tax while your investment grows, and when you withdraw. In fact, you need not report TFSA withdrawals as taxable income, which means CRA benefits like Old Age Security (OAS) that have an income threshold are unaffected.
However, your investment gains and income could lose their tax-free status if the CRA grows suspicious, audits your TFSA activity, and finds you in breach of the rules. What flags your TFSA to the CRA?
Red flag #1: Frequent securities transactions
The TFSA is for savings and investments, not trading. Frequent buying and selling of the same securities will raise suspicion that the person is using a TFSA for trading purposes, and the CRA could consider it to be business income. The CRA targets high-balance accounts for day trading activity, which includes frequent, speculative, or quick-turnover trades.
The CRA will review a transaction on the following parameters to categorize it as business income:
- Frequent securities transactions, where the account holder sells securities quickly in a few hours or days after buying.
- The account holder spends too much time researching stocks and has extensive knowledge or experience in securities markets.
- The account holder used debt to fund TFSA contributions.
If the CRA is satisfied that you are engaging in the business of trading securities through a TFSA, all gains will become taxable.
Red flag #2: Securities you invest in
The TFSA is for qualified investments, which include publicly traded stocks, bonds, mutual funds, ETFs, and guaranteed investment certificates (GICs). If you invest in stocks or debt securities of a private company where you have an interest, it will be treated as a taxable gain/income. Other alternative investments, like crypto and real estate, are not qualified investments, but you can get exposure to them by investing in REITs or bitcoin ETFs.
If you invest in non-qualified securities, your income and gains are taxable, and you lose the tax advantage theTFSA provides.
Red flag #3: Frequent overcontributions to a TFSA
Once or twice is a mistake, but frequent overcontributions raise suspicion, and that could flag a CRA audit. There is 1% per month penalty on surplus contribution, and the gain on that surplus is taxable.
Every tax benefit comes with its limitations and the watchful eyes of the CRA ensure those benefits are not exploited.
How to maximize your TFSA balance
Knowing the TFSA rules and complying with them can help you make the most of the tax benefit. Artificial intelligence (AI) is hitting software stocks in ways you can’t imagine. There have been constant talks about the AI bubble.
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