RRSP Self Mortgage: Non Arms Length Mortgages

What if you could be your own bank? Instead of forking over thousands of dollars in interest every year on your mortgage loan to one of the Big 6 banks (who earn billions in profits each year), you shovel that money straight into your RRSP. Month after month after month.

You can do this by setting up a non arms length mortgage in your RRSP. This whole scheme is actually new to me as well. I've long known of people who invest in arms length mortgages from their RRSPs. In fact, the secondary market for arms length mortgages is large and promoted quite aggressively in the inner circles of real estate agents and mortgage brokers.

But a week or two ago, a regular reader of this blog asked me to look into self-directed mortgages held within your own RRSP, better known by the banks and tax man as the self-directed RRSP non arms length mortgage.

There are important distinctions between an arms length mortgage investment in your RRSP and a non arms length mortgage in your RRSP, so I'll give a brief overview.

A transaction or contract with a party at arms length means you are dealing with someone who has no close connection to you. When you use your RRSP to provide a mortgage to someone at arms length with you, you can set the terms and rates at whatever you want. It is essentially a private loan secured by real estate. Typically this market is geared towards second and third mortgages and are higher risk. There are few restrictions involved and the loans are often managed by a third party who takes a hefty cut of the profits.

A non arms length mortgage is a loan to immediate family members and corporations where you are an influential shareholder, again secured by real estate. When this mortgage loan is made through your RRSP, there are a number of restrictions in place to protect your RRSP and prevent funny business.

This post will deal solely with non arms length mortgages through your RRSP. That is, you using your RRSP money to finance your own mortgage loan, or a mortgage loan to a child, parent, sibling, or similar close relations. I'll call it the RRSP self mortgage.

RRSP Self Mortgage

By law, RRSPs are not allowed to hold real estate directly. However, RRSPs are allowed to invest in mortgages. They can issue a loan to an individual or corporation which is secured by underlying real estate. This means, subject to a number of rules, you can actually use your RRSP to finance your own home purchase and completely cut out the banks.

To begin with, you must have enough money in your RRSP to finance the entire mortgage amount. It doesn't matter if this is a refinancing or a new home purchase. It also doesn't matter if it is a first mortgage or second mortgage on the property. However, the loan-to-value ratio cannot exceed 90%.

The home must be occupied by you as a primary home or vacation home. You can use a RRSP self mortgage to finance a multiple unit property up to four self-contained units provided you live in one of those units.

Also, you must have the regular downpayment amount, or existing home equity, from a source other than your RRSP self mortgage. This could be cash on hand, or money from a RRSP Home Buyers Plan if you are eligible. Just remember, using the RRSP Home Buyers Plan shrinks the amount of money remaining in your RRSP for the mortgage loan.

Your entire RRSP self mortgage must be administered by a third party trustee. This generally means the trust division of a handful of Canadian banks including Canadian Western Trust, TD Bank, CIBC (not confirmed), and B2B Trustco (not confirmed). Digging into this, I can tell you the documents and information regarding self mortgages are often buried in the fine print. The only provider which openly advertises non arms length mortgages through RRSPs is Canadian Western Trust. It is important to note that the trustee is obligated to act in the interest of your RRSP, not you.

Finally, your RRSP non arms length mortgage must be insured regardless of the loan-to-value ratio. This mortgage insurance follows standard rates and requirements and is provided by CMHC or Genworth Financial. Both providers accommodate insurance for RRSP self mortgages. Mortgage insurance is mandatory because the government doesn't want to have you in a situation where you default on your own mortgage and deplete your RRSP in doing so.

Fees and Set up Costs

Setting up a self mortgage with your RRSP is not a cheap process. First, you are required to obtain a professional appraisal of the value of your property which will cost a few hundred dollars. Then, you must pay set up fees to the trustee ranging from $200 to $500 depending on the trustee.

The mandatory mortgage insurance will likely add several thousand dollars to the set up costs. Even if your net worth greatly exceeds your loan value, your mortgage amount is a small percentage of your property value, and you could not possibly default, you cannot get around this.

Finally, for the duration of the mortgage you must pay annual fees to the trustee. Again, these ongoing fees vary significantly depending on the provider but in general range from around $100 to $300 per year.

Additional requests or actions made by the trustee on behalf of your RRSP are also subject to more fees. This includes mortgage renewals, discharges, payment confirmations, legal and other fees when processing arrears, and so on.

While the total cost of establishing a RRSP self mortgage depends on a few variables, it would be safe to expect the costs to be in the range of $1,000 to $5,000 in addition to the costs you would incur obtaining a standard mortgage from the bank.

Other Considerations

These non arms length mortgages are not restricted to a RRSP account. You may also use other registered accounts such as a RRIF, LIF, LIRA, Locked-in RSP, or RDSP. However, the account must be a self-directed account, not a group plan.

As a bonus, the loan amount is not considered a withdrawal, so it could be a particularly attractive prospect for someone who has a large LIRA or Locked-in RSP but is under the minimum age to get money out of their locked account.

RRSP self mortgages are not a way to get money out of your RRSP tax free and then default on your RRSP by not making payments. If you fail to make the required regular payments according to standard industry mortgage terms, the trustee will start a foreclosure process on you. Not only will you lose your house, you will be paying fees upon fees throughout the process. While you might become homeless, your RRSP will stay intact thanks to the thousands of dollars you paid for mandatory mortgage insurance.

During the foreclosure process is the only time your RRSP can technically hold real estate as an asset. However, your RRSP must sell the property within a year and, again, the sales process is completely in control of the trustee who is obligated to act in the best interest of your RRSP, not you. For example, you have no real control over the sales price and certainly can't set the price unreasonably high and live in your own foreclosed home forever. You may also be subject to hefty tax penalties if your RRSP holds the real estate for more than a year.

You must still meet all the standard mortgage qualifiers, just as if your were applying for a mortgage with a bank. This means an appropriate downpayment or equity in your home, the ability to make payments based on current qualifying mortgage rates (including the new B-20 rules), your TDS ratio must be lower than 44% of your income and GDS ratio lower than 39% of your income, you must provide income and employment verification, have good credit scores, etc. etc.

With a non arms length RRSP mortgage the interest rate you can set is restricted to certain parameters even though you are technically loaning money to yourself. The rate you pay, and qualify for, must be approximately equal to the posted rates of commercial mortgage lenders. However, you can choose your mortgage terms whether that is a 1 year open, 3 year variable rate, or 10 year fixed rate mortgage. It's up to you but must be consistent with commercial practices.

Try avoid setting up the mortgage with very short terms like 1 year open or 1 year closed mortgages. Most trustees charge a fee of a few hundred dollars every time you renew a mortgage term.

Subject to very specific situations, don't get fooled by paying your RRSP self mortgage the highest interest rates you can to maximize your RRSP value or "investment returns". If you do this, you are in fact robbing yourself to pay the tax man. How? Well, a big RRSP is not necessarily a good thing because you pay full income tax rates on the withdrawals down the road. Also, the mortgage payments you make to your RRSP are not considered RRSP contributions. It would be like contributing to your RRSP without getting the tax deduction that makes the RRSP so valuable when you earn a moderate to high income.

In most situations, you are technically better off to pay the lowest interest rate possible (usually a 5 year variable discount rate) and invest the excess monthly cash flow by properly contributing to your RRSP and getting the deduction, using your TFSA, or investing in your non-registered account as tax efficient as possible. This way your RRSP self mortgage can be a form of transfer from a high tax retirement savings vehicle to a low tax or no tax retirement savings vehicle.

Should You Get a RRSP Self Mortgage?

All this information begs the question: are self mortgages (non arms length) funded by your RRSP worthwhile?

I think it depends on your financial situation and your individual risk tolerance, so lets look at a few scenarios from best case to worst case.

An Investor with No Mortgage

A RRSP self mortgage could be a great solution for someone who has a large RRSP, is a savvy investor, has no mortgage currently, and wants to save a lot of money on tax. It is particularly suitable for a retiree or someone with low employment income.

In this scenario you could set up a RRSP self mortgage where the interest is 100% tax deductible. By borrowing against your home for investment or business purposes, you create a loan where the interest is tax deductible from your other income. There must be a clear trail for the money from your RRSP account to a non registered investment account or business.

As you make mortgage payments back to your RRSP account, the majority of those payments, especially at the beginning of a mortgage term, will consist of interest. Just a small part of the payment is principal. This could allow you to pull most of those payments back out of your RRSP effectively tax free.

If needed, you could refinance your mortgage again in the future to access more RRSP funds. However, you would need the cash available in your RRSP and the appropriate equity in your home.

This strategy is effectively an asset swap. You don't acquire any debt, you don't technically increase your overall assets. You simply invest outside of an RRSP rather than inside your RRSP, still using your RRSP money. It is a shift for tax savings purposes only.

I will go into more detail on this strategy in a future post as there is massive potential here to save tens or even hundreds of thousands in tax on your RRSP. It is basically a way, maybe the only legal way, of getting a serious amount of money out of your RRSP tax free or at very, very low tax rates so it deserves a thorough analysis and explanation.

The Big RRSP Retiree Who Is Mortgage Free

If you need money for a large purchase, lets say a vacation home or something similar, and all your assets are tied up in an RRSP, a RRSP self mortgage could be a good way to get that money largely tax free.

Normally, if you make a RRSP withdrawal, you pay full income taxes on that withdrawal. That means a large purchase financed by a RRSP withdrawal could cost you tens of thousands in taxes alone, requiring you to make a still bigger RRSP withdrawal to pay the tax bill.

For example, to get $300,000 in spending money from your RRSP, you would need to withdraw well over $500,000 in order to pay the tax bill. If the money you need is a big enough amount, it is almost certainly better to pay the costs of setting up a RRSP self mortgage and just take the $300,000 out tax free.

You will need to make larger RRSP withdrawals over time to pay your RRSP self mortgage payments, but it's better to withdraw an extra $15,000 every year to make those payments than it is to withdraw a few hundred thousand dollars in a single year and pay taxes at 50% rates or higher on that large withdrawal.

You could also be better off self financing your big withdrawal with an RRSP self mortgage rather than getting a HELOC or personal loan. Assuming your portfolio is in cautious investments, it is likely that your loan rate would be higher than your expected investment returns. If you are a retiree, you might not even be able to get a loan at a reasonable rate because you are not employed and deemed to be a higher risk by many lenders.

The Risk Averse Saver With A Current Mortgage

If you are an extremely risk averse saver who has a large RRSP account while maintaining a mortgage, then a RRSP self mortgage is a good choice. You will certainly do better than investing in a GIC or similarly safe investment asset.

Over 25 years, at today's rates, the interest on your mortgage can easily equal 50% or more of the value of the loan. If you have a $400,000 mortgage, expect to pay at least $200,000 in interest costs over the course of the mortgage loan. Any risk adverse saver would quickly see they would rather have that $200,000 in their own pockets than ship it off to the banks.

My hesitation with this scenario is the risk averse saver part. With a RRSP self mortgage, you are putting all your eggs into a single basket: your house. Instead, get a good fee-only financial advisor or learn about self-directed investing and set up a properly diversified investment portfolio. You don't need a lot of exposure to stocks to outperform mortgage rates over the long term.

An Investor with a Current Mortgage

If you are a true investor, someone who is willing to take risk, and you have a mortgage with a bank, I don't think RRSP self mortgages are a great choice in today's market.

Current mortgage rates are barely above the rate of inflation, so why not get all the money you can from your bank and invest as much as possible for higher returns? Also, obtaining a RRSP self mortgage for your own house and giving the bank the boot means you are not obtaining the mortgage for investment purposes. That means no tax deductions on the mortgage interest.

For an individual in this scenario, I believe the Smith Manoeuvre makes more sense financially. The Smith Manoeuvre allows you to deduct the interest of your investment loan (HELOC portion) from your income at tax time. Plus you invest at preferential tax rates in a non-registered investment account. In the meantime, your RRSP is invested at an expected long term return of 6% or more and you can worry about taxes on future RRSP withdrawals later.

Use a bank mortgage and the Smith Manoeuvre to maximize your productive assets, pay the bank their low interest rate, get the tax deduction, and invest for higher returns elsewhere through a well designed portfolio.

I also don't believe the bond substitute argument is a good one for someone in this case. Bonds have an important place in your portfolio to reduce volatility; we know they do not generate huge returns.

I think it would be short-sighted for someone to establish an RRSP self mortgage and invest their entire portfolio aggressively in stocks with the argument that the mortgage is their bonds. It works great until they see a 40% or larger drawdown in their all-stock portfolio. When that happens, I'm betting the "investment return" (payments) they are making towards their RRSP because of the self mortgage will hardly be a consideration. After all, they are only seeing their investment portfolio value shrink day after day.

If a 2007-08 repeats itself, they could see the value of their home shrink together with their portfolio. However, in those years bonds did quite well with their 10% annual returns, nicely offsetting some of the losses from the stock side of the portfolio.

Comments & Questions

All comments are moderated before being posted for public viewing. Please don't send in multiple comments if yours doesn't appear right away. It can take up to 24 hours before comments are posted.

Comments containing links or "trolling" will not be posted. Comments with profane language or those which reveal personal information will be edited by moderator.

10 Replies to “RRSP Self Mortgage: Non Arms Length Mortgages”

  1. Very useful piece. Thank you.

    Looking forward to your follow-up post about the “debt swap” strategy.

  2. Canadian Ben says: Reply

    I wish my RRSP was big enough to do this! That Debt swap seems pretty interesting.

    Any info on if you can pull from both LIRA and RRSP at the same time, or must it come from either one or the other?

    1. Daren (Editor) says:

      You can obtaining a self mortgage from any registered account (RRSP, LIRA, LIF, RRIF, RDSP, L-RSP, etc.). However each mortgage from each account must be registered separately with the trustee and meet the standard mortgage applications requirements independently. If you have several accounts this could be cost prohibitive because of the fees, especially mortgage insurance.

  3. “This could allow you to pull most of those payments back out of your RRSP effectively tax free.”

    When you pull money out of an RRSP there’s a witholding tax. This is where the math gets fuzzy.

    Say the mortgage interest is X. You can’t simply withdraw X from the RRSP if you want to end up with X out of the RRSP. You will need to withdraw X+Y; where Y is the part to be withheld.

    On one side calculating Y does not seem trivial to me.

    On the other side only X is tax deductible. Y is not.

    Did I get this right?

    Any advice in dealing with this nuance?

    Thanks.

    1. Daren (Editor) says:

      The RRSP withdrawal tax withholding is not separate from income tax. It’s basically an advance to the government for potential income tax owed that gets rectified when you file your taxes. If you end up owing no income tax, you get the money back.
      You could also convert part of your RRSP to a RRIF. There are some nice advantages for doing this, especially if you’re 65 or older.

  4. I am missing something here. The money you take out of an RRSP is only tax deductible if it is used to cover the interest of an investment loan. If in 2018 you have to pay X dollars of interest on the loan; but you withdraw X from the RRSP; then you won’t have enough to pay the investment loan in 2018 using just funds withdrawn from the RRSP (because of the witholding tax). Basically the withdrawal does not mean you’ll have X dollars in 2018 that can be used to pay the loan interest. Instead, you will have in your pocket X – Y, where Y is the withholding tax.

    You will need to find funds elsewhere (say from salary) to cover the remaining part of the loan interest (in the same dollar amount of Y).

    You will get back the withheld portion in 2019; but that is not tax deductible.

    Where am I messing up? Thanks.

    1. Daren (Editor) says:

      You are correct that, particularly for the first year of the plan, you will need some money from outside sources (TFSA, non registered investments, savings, etc.) to cover the cost of the mortgage payments.
      Depending on your particulars of your own situation, you may need outside money every year. This is because mortgage payments consist of principal and interest, not just interest. However, because of other deductions, it is likely that you can actually withdraw more tax free money from your RRSP than just the interest amount.
      I hope I’m understanding your question correctly, does this help?

  5. Thanks for your explanation Daren.

    I find my point difficult to explain; so I’ll just quote an example I found in a whitepaper.

    “Let’s assume you borrowed $50,000 at a 4% interest rate and directly invested the borrowed money in a non-registered portfolio of income-producing assets. The interest liability would be $2,000 per year.

    In order to pay the $2,000 of interest, you want to withdraw from your RRSP. For withdrawals from an RRSP, there is generally a 10% withholding tax on amounts less than $5,000. Therefore, to cover the required interest expense of $2,000, you will need to withdraw a gross amount of $2,222.22 from your RRSP. The additional amount of $222.22 withdrawn will be fully taxable and will not have a corresponding interest deduction.

    Alternatively, if you withdraw only $2,000 from your RRSP, you will receive a net amount of $1,800. You will need to come up with an additional $200 in order to pay the $2,000 interest liability. If the additional funds do not come
    from your RRSP or RRIF, you will need to reduce your current cash flow in order to fund the difference. This will increase the tax cost of this meltdown strategy since you will be using after tax dollars.”

    My point: the money squeezed out of the RRSP is never fully tax free “given the consequences of either an increased tax liability or reducing your current cash flow to fund the difference”.

    1. Daren (Editor) says:

      Yes I now understand what you’re getting at. The money from an RRSP will not be totally tax free but not really for the reason you give which corrects itself, but rather because the loan money must be invested in a NR account where the investment returns will be subject to low tax rates. The money cannot be put in a TFSA.
      Using your example, a $50,000 RRSP self mortgage over 25 years will have $338 monthly payments at the highest market interest rate of 6.6%. That equals $4,055 in total annual payments, of which $3,231 is interest in the first year.
      Year 1 RRSP withdrawal will be $3,231, minus the withholding leaving you net about $2,908. In year 1, you need $1,147 from other sources to make the payments. You can use dividends (from your $50,000 investment) and sell a small part of your investments to help make this payment (as long as the investments sold don’t exceed the principal repayment amount of $824).
      Then, when you do your taxes, you will get back the $323 you had withheld from you by the bank on your RRSP withdrawal. That refund doesn’t count as income in Year 2 because it was already counted as income when it was withheld in year 1. You can use that tax refund to pay for your mortgage costs in year 2, and keep doing that year after year.
      Either way on paper you withdraw $3,231 from your RRSP and get a $3,231 tax deduction. The only year that really can require extra money is the first year due to the RRSP withholding. After that, it is a wash thanks to the refund you will get in March/April.
      In reality you may likely be able to withdraw a bunch more than the interest deduction from your RRSP tax free because of this: http://therichmoose.com/post20180410/
      I think my next post will help explain the financials of this a bit better as I do a example scenario. I modeled it out on Excel with the help of my favorite TaxTips calculator and it works even better than I expected it would.

  6. This makes more sense now. Thanks for the details Daren. Looking forward to the next rich moose post!

Leave a Reply

two + two =