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I have a company car and because I haven’t had to use it for work much this year I found that I have a large taxable benefit from it. Do I have to include that amount in my income when calculating child support?

June 17, 2021

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Yes.  Under the Ontario Family Law Rules, whenever there is a child support claim you and the other parent each have a legal obligation under Rule 13 to make “financial disclosure” to each other, that declares the full details of your respective financial situations.

Depending on whether you are also making property claims against each other, you do this by each filling out Form 13 or Form 13.1, which has pre-printed boxes to fill out.  One of these boxes is called “Other Benefits”, which can incorporate any non-cash taxable benefits that you do not have to pay for yourself, including the use of a company car.  (It can also include items like free or subsidized room and board, dental, life insurance, vision, drug and/or extended health care plans, a sports club membership, a company loan at low or no interest, a meal allowance, a cell phone, parking pass, stock options, free or subsidized daycare etc.)  You must provide the yearly market value of that taxable benefits on your Form 13 or Form 13.1, as the case may be.

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