TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Family/Can a parent claim rental…
Family

Can a parent claim rental property losses to reduce their income for child support purposes in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

A parent's rental property can genuinely reduce their guideline income where it operates at a real, ongoing cash loss, but courts generally scrutinize what's actually driving a reported rental loss before accepting it at face value, since some common deductions reduce taxable income without reflecting any real reduction in the money actually available to the parent. Capital cost allowance, a deduction for the depreciation of the property, is the clearest example: it lowers reported taxable income but does not represent an actual cash expense in that year, so courts can add it back when calculating guideline income even though it's a perfectly legitimate deduction for tax purposes.

Genuine cash losses, such as a property where rent collected doesn't cover the actual mortgage interest, maintenance, and operating costs, are more likely to be accepted as a real reduction in available income. Courts will also look at whether the property was a reasonable investment decision or appears to have been acquired mainly to generate losses that reduce reported income. Because the difference between an accounting loss and a genuine cash loss is central here, detailed disclosure of the property's actual income and expenses, not just the bottom-line figure on a tax return, is usually necessary to resolve this issue.

Key takeaways

  • Rental losses can reduce guideline income only to the extent they reflect a genuine, ongoing cash loss.
  • Capital cost allowance is a common non-cash deduction that courts can add back to guideline income.
  • Genuine operating losses, where costs truly exceed rental income, are more likely to be accepted.
  • Detailed income and expense disclosure for the property is usually needed, not just the tax return's bottom line.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →