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I contributed $16,000 to my FHSA and last summer I got married. Soon after, my wife purchased a condominium, in her name only, where we both live. I checked with the Canada Revenue Agency (CRA) to see if I can still contribute to my FHSA because it is my wife’s condo, not mine. We plan to stay in this place for a few more years and then sell and buy a larger home. I was told it is still okay to contribute but I want to make sure before contributing this year.
—Shelly
Hi Shelly — congratulations on your marriage and on moving into your new home. Even though the condominium is registered only in your wife’s name, you can still contribute to your First Home Savings Account (FHSA) and use those funds toward buying a qualifying first home, provided you meet the Canada Revenue Agency’s definition of a first-time home buyer.
CRA’s rules distinguish between two moments: opening an FHSA and withdrawing funds to buy a home. For opening an account, CRA considers you a first-time home buyer if you did not, at any time in the current calendar year before the account was opened or at any time in the preceding four calendar years, live in a qualifying home that was either:
- You owned or jointly owned
- Your spouse or common-law partner (at the time the account was opened) owned or jointly owned
When it comes to withdrawing from the FHSA to buy a home, the wording changes. To qualify for a tax-free withdrawal, CRA requires that you did not, at any time in the current calendar year before the withdrawal (except the 30 days immediately before the withdrawal) or at any time in the preceding four calendar years, live in a qualifying home that you owned or jointly owned. Notice that this withdrawal test does not mention a spouse’s ownership.
Key points to note
The difference matters: whether your spouse owned a home affects whether you were eligible to open an FHSA, but it doesn’t affect whether you can make a qualifying withdrawal when purchasing a home. In your situation, because the condo is in your wife’s name and you did not own or co-own it in the relevant look-back period, you remain eligible to use your FHSA for a qualifying purchase.
Another crucial detail is the “except the 30 days immediately before the withdrawal” clause. When you make a qualifying withdrawal, the FHSA funds must be withdrawn within 30 days of the closing date for the home purchase; otherwise the withdrawal is no longer considered qualifying and will be taxed. Many people plan to use FHSA funds for the down payment, but if you instead plan to use those funds later for furnishings or renovations, be aware that the 30-day rule can cause complications if you don’t coordinate the timing of the withdrawal with your closing date.
So yes — you can continue contributing to your FHSA and later use those funds tax-free to buy a qualifying first home, even if you currently live in a residence owned solely by your spouse.
Other FHSA rules worth knowing
The FHSA is one of the most powerful accounts available to eligible first-time buyers. Contributions are tax-deductible like an RRSP, and qualifying withdrawals for a first home are tax-free like a TFSA. In other words, when used as intended, contributions reduce your taxable income up front and withdrawals for a qualifying home purchase are not taxed.
The annual contribution limit is $8,000, with a lifetime maximum of $40,000. You don’t have to claim the tax deduction the year you make a contribution — you can carry it forward and claim it in a later year when your income and tax rate may be higher. If you do receive a tax refund from claiming FHSA contributions, consider saving that refund: it can be put into an RRSP to use under the Home Buyers’ Plan later, or into a TFSA.
You can carry forward unused FHSA contribution room, but only from the year you opened the account onward — unlike the TFSA, you cannot go back to age 18 or to the TFSA’s 2009 start date. When catching up on contributions, the most you can add in a single year is $16,000 (two years’ worth). For buyers short on cash, one strategy is to borrow $8,000 to open an FHSA, claim the deduction, and use the tax savings toward immediate needs. In a 30% tax bracket, that deduction would reduce tax by roughly $2,400. After your home purchase closes you could withdraw the $8,000 and use it to repay the loan, minimizing net interest costs.
Fallback option: transfer to RRSP
If you end up not buying a qualifying home or you can’t make a qualifying withdrawal, you can transfer FHSA funds into an RRSP. You won’t get an additional tax deduction for that transfer (you already received the deduction when you contributed to the FHSA), but you will preserve the savings and effectively gain up to $40,000 of RRSP room.
In short: your plan to continue contributing to your FHSA is sound. The account offers excellent tax advantages, but success depends on understanding the timing and eligibility rules — especially the 30-day withdrawal window and the differences between the rules for opening an account and for making a qualifying withdrawal.
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