CRA stated that it will not act on “an overdraft in a TFSA if it:
- is temporary in nature and covered without undue delay;
- arises as a result of (i) a mismatch of cash flow due to differences in standard settlement cycles for securities, (ii) a reasonable error, or (iii) an unintended infrequent event; and
- does not have the character of leveraged investing.”
It stated that it will not accommodate a breach which results from a cashless exercise procedure in which the broker advances funds to the plan to exercise warrants and repays itself out of the sale proceeds of the acquired shares. CRA then stated:
If a trust governed by a registered retirement savings plan, registered retirement income fund or registered disability savings plan borrows money in a year (or in a previous year that has not been repaid before the beginning of the year), it is required to pay Part I tax on its taxable income for the year in accordance with paragraph 146(4)(a), subsection 146.3(3) or paragraph 146.4(5)(a), respectively. If a trust governed by a registered education savings plan borrows money, paragraph 146.1(2.1)(d) provides that the plan is revocable (subject to certain conditions that accommodate short-term borrowing).
…[T]he [above] administrative position should also apply for the purposes of these provisions.
See summary under s. 146.2(2)(f).