TFSA audit project by CRA

“To date, the CRA has reassessed more than $75 million in additional taxes resulting from audits of TFSAs.  In 2016, the CRA released Income Tax Folio S3-F10-C1 Qualified Investments – RRSPs, RESPs, RRIFs, RDSPs and TFSAs, which provides information on the tax consequences of a registered plan carrying on a securities trading business.  In the Folio it is explained that the determination of whether a particular taxpayer carries on a business is a question of fact that can only be determined following a review of the taxpayer’s particular circumstances. Interpretation Bulletin IT-479R, Transactions in Securities sets out factors developed by the courts that are relevant in determining whether transactions in securities constitute carrying on a business. There is nothing unique to TFSAs when determining whether transactions in securities constitute carrying on a business.”

In other words, TFSA trading can be classified as “carrying on a business” by the CRA and would therefore result in tax consequences for the tax payer.  If you have investments in TFSA and if they are invested through a broker, it may be prudent to have a discussion with your broker to find out what trading patterns are being followed — to ensure that your retirement fund in maintaining its intended classification.