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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 01-18-2021, 03:21 PM
arbortrail22 arbortrail22 is offline
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Default Rental Income

Hello All-
What counts as a legitimate expense in determining income from a rental property? Pretend the rental gross is 30,000 and the total mortgage paid is 25,000 (including interest and principle) plus insurance .... How does this work? Is the principle just deferred earnings in an investment property?
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Old 01-18-2021, 04:04 PM
rockscan rockscan is offline
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A quick search of canlii resulted in the case: Appu v. Appu. The judge in that case considered expenses necessary to maintain a stream of income.

It could also be a crapshoot depending on the judge. In the Appu case the judge determined 10% of the rental income is used for cs purposes but if your only income is from rent then it could be higher.


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Old 01-18-2021, 07:34 PM
rollingesto rollingesto is offline
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The principal portion of mortgage is NOT an expense, it is an equity item, period. Where it’s a bit more grey is “repairs”, whether they are actually current (maintenance expense) or capital/equity (renovation). I would refer you to CRA rental income information for guidance.
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Old 02-10-2021, 01:41 PM
arbortrail22 arbortrail22 is offline
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When you say its not an expense but an equity line item... how does that play into the calculation of income for support purposes ? That differs from the case law above... at least my interpretation. For example, 2,000 a month is being attributed towards equity... isn't that just deferred earnings that will be realized in 5-10 years post child support? Just trying to understand different sides to this issue... thank you!
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Old 02-16-2021, 06:45 PM
rvalentines rvalentines is offline
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My situation is the other way around. My rental property is losing money every month. Can I use the lost money to reduce my child support payment from employment?
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Old 02-16-2021, 08:34 PM
rockscan rockscan is offline
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Quote:
Originally Posted by rvalentines View Post
My situation is the other way around. My rental property is losing money every month. Can I use the lost money to reduce my child support payment from employment?

No.

Sell the property if its that bad.


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Old 02-16-2021, 09:49 PM
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Quote:
Originally Posted by arbortrail22 View Post
When you say its not an expense but an equity line item... how does that play into the calculation of income for support purposes ?
A) You earn $30,000. You buy a diamond ring for $20,000.
B) You earn $30,000. You throw a $20,000 party.
C) You earn $30,000. You put $20,000 in a box and bury it in your garden.
D) You earn $30,000. You pay off $20,000 of your mortgage.
E) You earn $30,000. You pay off $20,000 in credit card debt
F) You earn $30,000. You buy $20,000 of bitcoin.

In all 6 scenarios, your income for child support purposes is $30,000. In all 6 scenarios, you have $10,000 left.

In A/B you kinda wasted the $20k
In C/D/E/F you still have that $20k, just in a slightly different format.

Quote:
For example, 2,000 a month is being attributed towards equity... isn't that just deferred earnings that will be realized in 5-10 years post child support?
How would it be deferred earnings? You made money (your income), and you invested it in a mortgage reduction.

Now, I'm not sure what the case law is, but the INTEREST on your mortgage would be a legimitate income deduction, as well as property taxes and repairs/maintenance. Paying off equity though is changing your money from cash to a different format. It shouldn't have any effect on child support.

I could be wrong, but that is only because judges often don't get math.
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Old 02-17-2021, 06:16 PM
arbortrail22 arbortrail22 is offline
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Perfect explanation. Thank you very much!
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Old 04-01-2022, 10:02 AM
arbortrail22 arbortrail22 is offline
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Hi- Does anyone know if you have to pay HST on a property purchased only for investment/rental income? Not a new property... the articles online have my head spinning!
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Old 04-01-2022, 02:32 PM
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Yes if the title is being transferred to you. Its considered real property and by the title being transferred has tax implications. Doesnt matter what you plan to do with it.
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