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Opinion

Budget 2019 – Poor wording requires 2 ex-spouses within 5 years for Home Buyers Plan

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6 minute read

by Cory Litzenberger

This is one of those rare times I hope I am wrong in my interpretation, and look forward to being proven wrong by my professional colleagues.

On March 19, 2019 the federal government tabled its election-year budget. One of the newest and strangest provisions is the ability for people going through a separation or divorce to potentially have access to their RRSP under the Home Buyers Plan.

Now in my article and podcast entitled: “Escape Room – The NEW Small Business Tax Game – Family Edition” with respect to the Tax On Split Income (TOSI) rules, I made a tongue in cheek argument that people will be better off if they split, because then the TOSI rules won’t apply.

In keeping with the divorce theme, beginning in the year of hindsight, 2020, the federal government is giving you an incentive to split up and get your own place.

However, there are a few hoops:

On page 402 of the budget, under new paragraph 146.01(2.1)(a), at the time of your RRSP withdrawal under the Home Buyers Plan, you must make sure that:

  • – the home you are buying is not the current home you are living in and you are disposing of the interest in the current home within two years; or
  • – you are buying out your former spouse in your current home; and

you need to:

  • be living separate and apart from your spouse or common-law partner;
  • have been living separate and apart for a period of at least 90 days (markdown October 3, 2019 on the calendar),
  • began living separate and apart from your spouse or common-law partner, this year, or any time in the previous 4 years (ok, you don’t have to wait for October); and…

…here is where the tabled proposed legislation gets messy.

Proposed subparagraph 146.01(2.1)(a)(ii) refers to where the individual

  • wouldn’t be entitled to the home buyers plan because of living with a previous spouse in the past 4 years that isn’t the current spouse they are separating from

“(ii) in the absence of this subsection, the individual would not have a regular eligible amount because of the application of paragraph (f) of that definition in respect of a spouse or common-law partner other than the spouse referred to in clauses (i)(A) to (C), and…”

The problem with the wording of this provision, is that it is written in the affirmative by the legislators using the word “and”. This means, you must be able to answer “true” to all the tests for the entire paragraph to apply.

The way I read this, the only way to answer “true” to this subparagraph is if you have a second spouse (ie: spouse other than the spouse referred to) that you shared a home with and you split from in the past four years.

If you have a second spouse that you shared a home with in the past four years, then “paragraph (f)” in the definition of “regular eligible amount” would apply and the answer would be “true”.

If the answer is “true” you can then get access to your RRSP Home Buyers Plan.

If you don’t have a second spouse then, even though “paragraph (f)” might be met, the phrase “spouse other than the spouse referred to” would not be met, and therefore the answer would be “false”.

This would, in turn, cause the entire logic test of the provision to be “false” and so you would not be able to take out a “regular eligible amount” from your RRSP for the Home Buyers plan because you do not meet the provisions.

If my interpretation is correct then I would really be curious as to what part of the economy they are trying to stimulate.

In my opinion the legislation could be fixed with a simple edit:

“(ii) in the absence of this subsection, the individual would not have a regular eligible amount because of the application of paragraph (f) of that definition in respect of:

(A) a spouse or common-law partner; or

(B) a spouse or common-law partner other than the spouse referred to in clauses (i)(A) to (C); and…”


Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html

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Brownstone Institute

First Amendment Blues

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From the Brownstone Institute

By Philip DaviesPhilip Davies 

You might think these are quite rare but not a bit of it; 13,200 of these were recorded in the last 12 months, and that’s around 36 a day, and they go on your record and sometimes mean you end up with no job. They also have new laws planned to control misinformation and disinformation, something not just confined to the UK. Similar laws are planned for Ireland, Australia, Canada, and the EU.

I’m envious. The US has something the UK doesn’t have, namely a First Amendment. Yes I know there are those who wish the US didn’t have it either, including, I understand, John Kerry and that woman who still thinks she beat Trump the first time around. Kerry kind of wishes that the First Amendment wasn’t quite so obstructive to his plans. But from where I stand, you should be thankful for it.

Not only does the UK not have a First Amendment, it doesn’t have a constitution either, and that makes for worrying times right now. Free speech has little currency with Gen Z and the way it looks, even less with the new UK Labour government. Even Elon Musk, who takes a surprising interest in our little country, has recently declared the UK a police state.

It’s not surprising. Take for instance the case of Alison Pearson, who had the police knocking on her door this Remembrance Sunday. They had come to warn her they were investigating a tweet she had posted a whole year ago which someone had complained about. They were investigating whether it constituted a Non-Crime Hate Incident or NCHI. Yes, you heard me right, a ‘non-crime’ hate incident and no, this is not something out of Orwell, it’s straight out of the College of Policing’s playbook.

If you haven’t heard of them, you can thank your First Amendment. In the UK you can get a police record for something you posted on X that someone else didn’t like and you haven’t even committed a crime. NCHIs are a way they have of getting around the law in the same way John Kerry would like to get around the First Amendment, except it’s real where I live.

Alison Pearson is a reporter for the Daily Telegraph, but that doesn’t mean she can write what she likes. When she asked the police what the tweet was which was objected to, she was told they couldn’t tell her that. When she asked who the complainant was, they said they couldn’t tell her that either. They added, that she shouldn’t call them a complainant, they were officially the victim. That’s what due process is like when you don’t have a First Amendment or a constitution. Victims of NCHI in the UK are decided without a trial or a defense. They asked, very politely, if Pearson would like to come voluntarily to the police station for a friendly interview. If she didn’t want to come voluntarily, they would put her on a wanted list and she would eventually be arrested. Nice choice.

It’s true that there has been a public ruckus over this particular case, but the police are unapologetic and have doubled down. Stung into action by unwanted publicity, they are now saying they have raised the matter from an NCHI to an actual crime investigation. Which means they think she can be arrested and put in prison for expressing her opinion on X. And of course they are right. In the UK that’s where we are right now. Pearson tried to point out the irony of two police officers turning up on her door to complain about her free speech on Remembrance Day of all days, when we recall the thousands who died to keep this a free country, but irony is lost on those who have no memory of what totalitarianism means.

The way things are looking I would say things can only get worse. The new Labour government has made it clear that it wants to beef up the reporting of NCHIs and make them an effective tool for clamping down on hurtful speech. You might think these are quite rare but not a bit of it; 13,200 of these were recorded in the last 12 months, and that’s around 36 a day, and they go on your record and sometimes mean you end up with no job. They also have new laws planned to control misinformation and disinformation, something not just confined to the UK. Similar laws are planned for Ireland, Australia, Canada, and the EU. Germany in particular is keen to remove all misinformation from the internet, I understand.

Whenever I see the word ‘misinformation’ these days I automatically translate it in my head to what it really means, which is ‘dissent.’ Western countries, former champions of free speech, the bedrock of liberty and individual choice, en masse it seems, now want to outlaw dissent. What is coordinating this attack on free expression, I don’t know, but it’s real and it’s upon us. We are slowly being intellectually suffocated into not expressing any opinion that others might find objectionable or that might contradict what the government said. If you had told me that would happen in my lifetime, I would have called you a liar.

I live in the UK, the home of the Bill of Rights and the Magna Carta, and the mother of parliamentary democracy. I was proud that we produced men like John Milton, John Stuart Mill, and Thomas Paine, that we understood the importance of the Areopagitica, the Rights of Man, and incorporated On Liberty into our social thinking. But those days seem long gone when police knock on your door to arrest you for an X post.

So I’m glad someone somewhere has a First Amendment even if we don’t. It may be your last defense in that republic of yours, if you can keep it.

Author

Philip Davies

Philip Davies is Visiting Fellow at Bournemouth University, UK. He gained a PhD in Quantum Mechanics at the University of London and has been an academic for over 30 years teaching Masters students how to think for themselves. He is now retired and has the luxury of thinking for himself. He fills in his spare time with a small YouTube channel where he interviews amazing academics and indulges in writing books and articles.

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Business

DEI gone?: GOP lawmakers prep to clean house in federal government

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From The Center Square

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Many of Trump’s cabinet picks so far have also pledged to remove DEI programs from the federal government. These policies can range from training federal employees on “white privilege” to using medical research funds to study racism to awarding federal funds to recipients only as long as they toe the line on DEI orthodoxy.

President-elect Donald Trump’s win and his subsequent creation of a Department of Government Efficiency have galvanized lawmakers to pave the way for legislation to clean out diversity, equity and inclusion (DEI) policies, staff and programs that have ballooned under the Biden-Harris administration.

The Center Square was given advance copy of two bills filed Thursday by U.S. Rep. Bob Good, R-La., to end DEI practices at the Department of Housing and Urban Development

The first bill, the Flexibility in Housing Act of 2024, would block a Biden-Harris administration rule at HUD. That rule is about to be finalized and would require HUD grant recipients to implement “equity-driven housing plans.”

The newly introduced bill, however, would block that rule and give power to states and local governments to decide how best to spend the funds.

The second bill, the “No Discrimination in Housing Act,” would prevent large corporations from using DEI programs to get federal tax credits in buying up single family American homes, something many economists say is driving up the cost of homeownership for Americans.

The new bill “would prohibit any entity with a DEI initiative from receiving the Low-Income Housing Tax Credit – thereby ensuring the tax credit is distributed based on merit – not for the advancement of the radical DEI ideology.”

“The Biden-Harris Administration’s radicalization of housing policy prioritizes woke DEI corporations, yet does nothing that will actually drive down the cost of a home in an economy destroyed by Bidenflation,” Good told The Center Square. “My bills aim to restore Trump-era housing flexibility and eliminate the DEI housing policies that prohibit families from pursuing the American dream.”

These two bills, first obtained by The Center Square, are in line with Republicans’ renewed push to eliminate the hard left turn toward DEI policies taken in the last few years of the Biden-Harris administration.

Those policies have been under the microscope for years, but Trump’s win gives Republicans hope they can be undone.

Many of Trump’s cabinet picks so far have also pledged to remove DEI programs from the federal government. These policies can range from training federal employees on “white privilege” to using medical research funds to study racism to awarding federal funds to recipients only as long as they toe the line on DEI orthodoxy.

The latest high-profile examples of controversial DEI spending involves the Federal Emergency Management Administration. Amid the scandal of its handling of Hurricane Helene and Hurricane Milton, reporting has shown that FEMA lists DEI and equity as it number one priority.

U.S. Rep. Michael Cloud, R-Texas, introduced the Dismantle DEI Act, which advanced out of the House Oversight Committee, which would eliminate DEI programs in the federal government and return to a “colorblind” approach.

“Diversity, equity, and inclusion – these are words that, on the surface, seem to represent ideals we can all support,” Cloud said. But when these principles are redefined and implemented as an ideology within our federal government, they take on a meaning that diverges from their original intent.”

A recent report from Do No Harm documented about 500 examples of DEI programs across many agencies choosing to reward some Americans over others.

“Under the guise of progress, this ideology seeks to categorize individuals based on immutable characteristics rather than valuing the content of their character or their individual achievements,” Cloud continued.

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