How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 24272
Experience:  14 years practicing attorney
19958803
Type Your Employment Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

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: 3 years ago.
Category: Employment Law
Expert:  Barrister replied 3 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.

.

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.

.

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.

.

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.

.

.

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 3 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 3 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.

.

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.)

.

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.

.

.

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.

 

 

Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 24272
Experience: 14 years practicing attorney
Barrister and 6 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions

Chat Now With An Employment Lawyer
Barrister
Barrister
Employment Lawyer
24272 Satisfied Customers
14 years practicing attorney