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Barrister
Barrister, Lawyer
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Experience:  16 years practicing attorney
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Is rental income (property I own) something that affects my

Resolved Question:

Is rental income (property I own) something that affects my unemployment claim in Oregon?

My sister lives in the house and I live in the adjacent building (1500sq.-has heat, bath, facilities,etc.).Both structures are on the same property.I am not in the business of renting properties. T
his has been my primary residence for 11 years-my sister has been here for the past 2 years.If she gives me money for 'rent', is this something I have to claim while on unemployment? Or is rental income from property I own income that will NOT affect benefit payments?
{org. claimant book says:You must report all work and earnings from employment when claiming benefits.This includes cash and tips, and any non-cash payments such as room and board.Vacation and holiday pay must also be reported if you are returning to work with this employer.Other examples of earnings that are to be reported are payments given due to an employment relationship which, in addition to salary or wages, may be given as bonus, stand-by pay, sick pay, commission, tips or added remuneration for services.Reimbursements for incidental expenses such as meals, lodging, mileage and other traveling expenses should not be reported as earnings.

Exceptions: You do not need to report weekend military drill pay or jury duty pay.You must also report all work and earnings from self-employment when claiming.You must report any payments(cash or non-cash) you receive in exchange for any services you provide or products you sell.Where no employer-employee relationship exists, the only deductible costs of doing business are the costs of products adhering to the customer. The self-employed cannot deduct the costs of doing business except for the costs of material or goods.}

Please let me know whether accepting a payment would be jeopardizing my unemployment benefits.{some states(Ohio, Michigan) are very clear in stating that some types of income may NOT be deducted from benefits, such as:supplemental unemployment benefits,U.S. Nat'l Guard/armed forces pay for scheduled drills, Interest and dividends, and rental income).

Thanks very much for any information you provide me.
Sincerely,
sinking in oregon
Submitted: 6 years ago.
Category: Employment Law
Expert:  Barrister replied 6 years ago.

Hello,

 

Yes, you must report all income from whatever source if you are applying for unemployment unless it is specifically excluded. Any type of rental income would have to be reported as it is not specifically excluded.

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If someone owned one or two houses but was not in the "rental business" if they didn't have to report the rental income, they could have a sizable total income from the houses and the combined unemployment benefits. So both legally and logically, you have to report the income.

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If you fail to report it as income or misrepresent facts to obtain benefits, you can be penalized for up to 52 unpaid weeks. The penalty remains in effect until it is satisfied or up to five years. You must also pay back the benefits and face other penalties that could include a jail sentence if the agency finds out about it and decides to file unemployment fraud or fraudulent receipt of benefits charges.

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Of course, they would have to find out about it from someone if you chose not to disclose it. But this typically happens if a boyfriend or girlfriend of the renter gets mad at renter and then reports the owner as a way to get back at their significant other because of the family ties.

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thanks

Barrister

 

 

 

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

Customer: replied 6 years ago.
hope you don't think i'm just stupid....however, here goes- i've been on unemployment for a while now...i'm not presently applying.

That probably doesn't change your answer at all..you're saying that ALL income -no matter how it got in your hands-minus jury duty/military drill pay-is necessary to report .I just thought that it might matter that rentals aren't my occupation as a landlord(self-employed), and that I were living here as well as owning it...

do financial aid(grants,loans) need to be reported. also are gifts of money (family), and workers compensation claim settlements necessary to report?


thanks very much.
s.i.o.

Expert:  Barrister replied 6 years ago.

I understand that all the rules and regs can be confusing. But yes, you have it correct, all income, unless specifically excluded, has to be included.

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Financial aid loans are not considered income because they have to be repaid. Grants are also not considered income as long as they are used for educational purposes (fees, tuition, books, etc.)

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Gifts aren't income either. Worker's compensation doesn't disqualify someone from receiving unemployment benefits, but it may reduce the amount. A settlement is not considered income that would disqualify you as settlements aren't considered income unless they include past and future wages, then that portion would be considered income.

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thanks

Barrister

 

 

 

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

 

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