2010-02-28

加拿大:Registered Education Savings Plans

How an RESP works

The subscriber (or a person acting for the subscriber) generally makes contributions to the RESP. Subscribers cannot deduct their contributions from their income on their tax return. If not paid out to the beneficiary, the contributions are usually paid by the promoter to the subscriber at the end of the contract. Subscribers do not have to include the contributions in their income when they get them back.

The promoter usually pays the contributions to the beneficiaries. Income earned on the contributions is paid to the beneficiaries in the form of educational assistance payments (EAPs). Beneficiaries include the EAPs, but not the contributions, in their income for the year in which they receive them from the RESP.

The Canada Revenue Agency registers the education savings plan contract as an RESP, and lifetime limits are set by the Income Tax Act on the amount that can be contributed for each beneficiary. Unless the RESP is a specified plan the RESP must provide that no contributions (except transfers from another RESP) may be made to the plan at any time after the end of the year that includes the 31st anniversary of the opening of the plan. Furthermore the plan has to be completed by the end of the year that includes the 35th anniversary of the opening of the plan, unless it is a specified plan.

Here is an overview of how an RESP generally works.

1. A subscriber enters into an RESP contract with the promoter and names one or more beneficiaries under the plan.
2. The subscriber makes contributions to the RESP. Government grants (if applicable) will be paid to the RESP. These grants can be the Canada Education Savings Grant, Canada Learning Bond, or any designated provincial education savings program.
3. The promoter of the RESP administers all amounts paid into the RESP. As long as the income stays in the RESP, it is not taxable. The promoter also makes sure payments from the RESP are made according to the terms of the RESP.
4. The promoter can return the subscriber’s contributions tax-free.
5. The promoter can make payments to the beneficiary to help finance his or her post-secondary education.
6. The promoter can make accumulated income payments.

Who can become a beneficiary?

Beneficiaries generally receive the contributions and the EAPs from the promoter. They have to include the EAPs in their income for the year in which they receive them. However, they do not have to include the contributions they receive in their income.

Under proposed changes, you will be able to designate an individual as a beneficiary under the RESP only if:

* the individual's Social Insurance Number (SIN) is given to the promoter before the designation is made; and
* the individual is resident in Canada when the designation is made.

Note
Under proposed changes, the SIN may not be required if the beneficiary is a non-resident individual who has not received a SIN before the designation is made.

Exception - The residency requirement does not apply when the designation is made in conjunction with a transfer of property from another RESP under which the individual was a beneficiary immediately before the transfer.

Family plans are the only plans that allow the subscriber to name more than one beneficiary. Each beneficiary must be related by blood relationship or adoption to each living subscriber or any deceased original subscriber.

A beneficiary under a family plans entered into after 1998, must be less than 21 years of age at the time he or she is named as a beneficiary. When one family plan is transferred to another, a beneficiary who is 21 years of age or older can still be named a beneficiary to the new RESP.

Family plan

In a family plan, each beneficiary must be related by blood relationship or adoption to each living subscriber or any deceased original subscriber. Only in a RESP that is a family plan can more than one beneficiary be named.

A beneficiary under a family plan entered into after 1998, must be less than 31 years of age at the time he or she is named as a beneficiary. When one family plan is tranferred to another, a beneficiary who is 31 years of age or older can still be named a benneficiary to the new RESP.

Specified plan

A specified plan is essentially a single beneficiary RESP (non-family plan) under which the beneficiary is entitled to thedisability tax credit for the beneficiary’s tax year that includes the 31st anniversary of the plan. Furthermore, aspecified plan cannot permit another individual to be designated as a beneficiary under the RESP at any time after the end of the year that includes the 35th anniversary of the plan.

In addition, no contributions (except transfers from another RESP) may be made to the plan at any time after the end of the year that includes the 35th anniversary of the opening of the plan, and the plan must be completed by the end of the year that includes the 40th anniversary of the opening of the plan.

Contributing to an RESP

Under proposed changes, you will be able to make contributions for a beneficiary only if:

* the beneficiary's social insurance number (SIN) is given to the promoter before the contribution is made and the beneficiary is resident in Canada; or
* the contribution is made by way of a transfer from another RESP under which the individual was a beneficiary immediately before the transfer.

Note
Under proposed changes, if the plan was entered into before 1999, the beneficiary’s SIN will not be required. However, such contributions will continue to be ineligible for the Canada Education Savings Grant.

You can contribute to family plans entered into after 1998 only for beneficiaries who are under 31 years of age at the time of the contribution. However, transfers can be made from another family plan even if one or more of the beneficiaries are 31 years of age or older at the time of the transfer.

The Canada Revenue Agency registers the education savings plan contract as an RESP, and lifetime limits are set by the Income Tax Act on the amount that can be contributed for each beneficiary (see contribution limits). The RESP provides that no contributions (except transfers from another RESP may be made to the plan at any time beginning for the 31st year of the existence of the plan. Furthermore the plan has to be completed by the end of the year that includes the 35th anniversary of the opening of the plan, unless it is a specified plan (see below).

RESP contributions cannot be deducted from your income on your tax return. In addition, you cannot deduct the interest you paid on money you borrowed to contribute to an RESP.

Contribution limits

As of 2007, there is no annual limit for contributions to RESPs. The lifetime limit on the amounts that can be contributed to all RESPs for each beneficiary is $50,000.
Payments made to an RESP under the Canada Education Savings Act or under a designated provincial program are not included when determining if the lifetime limit has been exceeded.

结论:RESP 是完全的记名制,没有小孩或其他人的小孩不能买。

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/resp-reee/hw-eng.html

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