Are Home Sale Benefits Collectible From Transferees Under a Payback Agreement?

Wednesday, February 18, 2009 by hank roth

Even before the current economic crisis, a majority of companies required transferees to sign repayment agreements, under which the employee agrees to repay relocation benefits if they leave the company within some specified period after being transferred.

Such agreements commonly include a requirement to repay costs that were incurred by the employer to acquire and dispose of the employee’s home in the departure location under a home purchase program. Such costs are usually the largest part of the expenses incurred to move the employee. 
If a home purchase program is properly organized and implemented, IRS agrees that costs incurred are not taxable to the employee. See Rev. Rul. 2005-74. However, employers sometimes express concern that inclusion of those costs in a repayment agreement is somehow inconsistent with the original exclusion of the costs from income.

That concern is not well-founded. 

A repayment agreement simply imposes a condition on the employer’s willingness to undertake the expense of moving the employee. It does not operate to characterize any of the expenses as employee benefits, either taxable or not taxable. The company incurred many costs to move the employee, some taxable and some not (for example, moving household goods). Under the repayment agreement the employee simply acknowledges that the employer expects a return on its investment in moving the employee. The benefit to the employer of incurring the costs will not be realized if the employee accepts relocation but then leaves employment within a short period of time.

Requiring the employee to repay such costs does not in any way suggest or imply that the costs were incurred to benefit the employee. Indeed, as discussed in the previous paragraph, it tends to suggest just the opposite. 

Moreover, when the employee does repay the home sale costs, the employee in effect has simply paid his or her own costs of home sale. There is no benefit to the employee at all, taxable or nontaxable. 

Consequently, including home sale costs in a repayment agreement should not be taken as suggesting that such costs were a taxable employee benefit in the first instance. 

However, as with all other costs included in a repayment agreement, the agreement should clearly specify the categories of cost that are subject to the agreement. Doing so will help the company to enforce the agreement, if that becomes necessary.

Reprinted from the Worldwide ERC Tax and Legal Mastersource with permission. Article prepared by Peter K. Scott, ERC Tax Counsel.

Check the Health of your Global Mobility Program

Wednesday, February 4, 2009 by Julian Yates


Some companies have very sophisticated well-thought-through global mobility programs that have been tried and tested for many years. Others are stepping into the global arena for the first time. Either way it doesn’t hurt to check the health of your global mobility program and consider what I would believe to be the 10 best practices to ensure your global relocation program is a successful one.

10 Best Practices to Ensure a Successful Global Relocation

  1. Policy
    1. Make sure you have a formal global policy in place that has been reviewed by your global relocation provider for competitiveness and efficiency and bench-marked against industry standards.Candidate Selection
  2. Candidate Selection
    1. Utilize pre-decision surveys or interviews to ensure that your candidate is flexible, adaptable and ready to take on the challenge of an international assignment.
  3. Benchmark
    1. Keep up-to-date as situations change, trends develop, and new products come to market.
  4. Cost Estimates
    1. In today’s economic environment it’s prudent to have a cost estimate completed before sending someone on an assignment so you have an idea how much it is going to cost.
  5. Cost Analysis
    1. Know what you’re spending and what policy changes or exceptions are costing or saving money. There are many examples of companies focusing on elements that are inexpensive and denying them, while allowing exceptions for other elements that are very expensive.
  6. Track Exceptions
    1. Be sure to always track any policy exception that was made or declined and the cost of that exception. This will help you be consistent in how you treat other exception requests in the future.
  7. Use Proven Providers
    1. Proven providers can give you good advice on all elements of a global relocation and can make the process easier for you.
  8. Don’t Cut Corners to Reduce Costs
    1. There is usually a good reason to do something well.
  9. Create a Repatriation and Reintegration Plan Well Before the Assignment Ends!
    1. If you don’t, you may risk losing a valuable employee. Statistics show that up to 70 percent of repatriated assignees leave their employer within two years, usually to join a competitor.

For more information on the above global mobility program components and services, please contact SIRVA Relocation for a consultation.

 

How to Effectively Plan for a Group Move: Critical Questions

Tuesday, February 3, 2009 by SIRVA Relopinion

Before you announce that a corporate group move (or relocation) is taking place, it is important to be prepared. A part of that will be identifying the resources you will need. Consider all the internal departments that need to be involved or will be impacted by the move. Evaluate if you need to bring in outside resources to assist you in managing the move.

Too often people underestimate the complexity of a group move and the critical need to have the time to properly prepare for the move prior to it being announced. For those employees who are moving, as well as those employees who are not going to move, you or someone on the team need to have the answers to a number of critical questions such as:

Questions that need to be answered for employees who are moving:

  • What organizational units and types of jobs will be involved?
  • How many jobs will be moved? From where? To where?
  • Has selection criteria been established? Will the criteria be publicized?
  • How will transferees be selected and invited? What will be the administrative process for job offer and acceptance?
  • Will transferees’ departure-area jobs be re-filled? If so, how?
  • How many job openings in the new facility will be filled locally?
  • Will there be new-hires to be relocated?
  • Will group move relocation benefits expire at a certain point in time?

Questions that need to be answered for employees who are not moving:

  • Why wasn’t I asked to move?
  • Will I be offered a new job?
  • Do I need to apply for it?
  • When will my current job end?
  • Will there be a stay or retention bonus?
  • Is there a severance package?
  • If a job opens up at the new location, can I apply for it?
  • Can I apply for a job at another location?
To learn more, visit the SIRVA Resource Library

Employer-provided Relocation Loans

Wednesday, January 21, 2009 by hank roth

In today’s precarious economy, many employers are considering giving relocation loans to employees. Several of these employers may not have provided relocation loans to employees before, but are now looking for ways to increase the opportunity to make such loans available.  .

A relocation loan that is done correctly can be offered to the employee interest-free and without exposure to creating imputed interest to the employee which would be treated by the Internal Revenue Service as compensation income.

The following information concerning below market rate loans is an excerpt from an article published by the Worldwide Employee Relocation Council® (ERC) in its Tax and Legal MasterSource:

A. Types of relocation loans

1. Mortgage loans

A mortgage loan is extended by the employer to the employee with the understanding that the employee will use the proceeds of the loan to purchase a new principal residence. Such loan may be a demand or term loan, and is conditioned on the future performance of substantial services for the employer. The loan may have a market interest rate, a below market interest rate, or no interest at all.

2. Equity bridge loans

A loan may be offered to an employee in order to enable the employee to receive the equity out of an old unsold residence to make the down payment on a new residence. The terms of the loan may require that the proceeds be repaid within a short time after the sale of the former residence. The loan may have a market interest rate, or a below market interest rate, or no interest at all.

B. Imputation of interest on a loan transaction

1. Explanation of imputed interest

When a loan is made at a below market interest rate, or with no interest at all, the Internal Revenue Code may impute interest to the loan even though the lender and borrower never did. If imputed interest rules apply to an employee relocation loan, the amount by which a market rate of interest exceeds the loan’s actual rate of interest is considered income to the employee borrower. (The market rate used is the "applicable federal rate," which is computed by the IRS under a formula in the Internal Revenue Code and periodically adjusted.) This income is considered to be derived from the employer-lender, because the employer-lender is considered to have paid interest on the loan to itself on behalf of the employee-borrower.

2. An example of imputed interest

An example of imputed interest may be helpful in understanding this complex area. Assume that the employer has made an interest-free bridge loan to the employee. The market rate of interest on the loan would be $100 per month if interest were charged by the employer-lender. No interest is paid by the employee-borrower or received by the employer-lender. However, the tax law considers the employee-borrower to have owed $100 of interest, and since the employee’s obligation to pay this $100 was satisfied by the employer-lender, the transaction is treated as though the employer-lender paid $100 per month to the employee-borrower, who then repaid it to the employer-lender. This characterization of the transaction gives rise to $100 per month of compensation income to the employee-borrower.

3. Reporting requirements for imputed interest

The employee-borrower must report imputed income on his/her tax return, even though the employee never received it, but then may be entitled to a corresponding deduction for the interest theoretically paid on the employee’s behalf by the employer-lender.

4. Negative tax consequences of imputed interest

If interest is imputed to loans it has negative tax consequences for the employer-lender and may have for the employee-borrower. The employer-lender must pay payroll taxes (FICA, RRTA, and FUTA) on the amounts imputed as interest income to the employee-borrower. (The employer-lender, however, does not have to withhold federal income taxes on the imputed interest income.) The employee-borrower may or may not be eligible for a deduction of the imputed interest. The interest on a mortgage or bridge loan may be deductible as "qualified residence interest" under the general rules applicable to homeowners. However, there may be situations in which interest income is imputed to the employee, but the employee is unable to take a corresponding interest deduction. For example, there is a $100,000 limit on the amount of home equity debt upon which interest is deductible.

C. Avoidance of imputed interest

1. De minimis exception

If the total principal amount of the employer’s mortgage loan, bridge loan, or both outstanding to the employee does not exceed $10,000 during the year, the loans are ex-empted from the imputed interest rules due to their small size. No interest will be imputed in this situation.

2. Exemption for employee relocation loans under regulation 1.7872-5T

Under a temporary regulation, imputed interest will not apply to compensation-related mortgage or bridge loans if the following requirements are met:

      a. Exemption for mortgage loans

          The loan agreement must require the following provisions:

i. The proceeds of the loan must be used only to purchase the new residence.

ii. Such loans must be secured by a mortgage on the new principal residence acquired in connection with the relocation of the employee to a new principal place of work.

iii. The loan must be a demand or term loan.

iv. The benefits of the interest arrangements must not be transferable.

v. The below market interest rate (or the lack of interest) must be conditioned on the future performance of substantial services by the employee.

vi. The employee must certify to the employer that the employee reasonably expects to itemize deductions for each year the loan is outstanding.

     b. Exemption for bridge loans

The terms of the bridge loan must meet all the requirements for the mortgage loan as stated above except for the security requirement. Note, however, that any interest actually charged on a bridge loan will not be deductible by the transferee unless the loan is secured by either the old or new residence. In addition, the bridge loan agreement must provide that the loan is payable in full within 15 days after the sale of the employee’s immediately former principal residence. The aggregate of the principal amount of all outstanding bridge loans must not be greater than the employer’s reasonable estimate of the equity in the former residence. The former residence must not be converted to business or investment use.

     c. An unresolved issue

One issue that remains unresolved under the temporary regulation is whether the exemption applies in situations where imputed interest would not be deductible under the general rules applicable to home mortgage loan interest deductions. This problem is particularly acute for bridge loans, which are often unsecured by either the old or new residence, and, even if secured by the old residence may be considered home equity loans, and therefore limited to $100,000 of principal on which interest would be deductible. Although the IRS has not spoken to this issue, it is arguable that the 1986 Tax Reform Act, which imposed the current limitations on deductibility of interest, would be held to modify the exemption contained in the temporary regulation. However, in the absence of any IRS statement of position, it should be assumed that the regulation may still be relied upon. The IRS continues to follow the regulation, and has shown no interest in revisiting it.

 

Five Questions to Ask When Evaluating a Relocation Expense Management Provider

Tuesday, January 13, 2009 by SIRVA Relopinion
  1. Is there a customized, seamless integration with payroll?
     
  2. Is there a documented exception management process with the ability to track and report exceptions by type, division, cost center, etc.?
     
  3. Does the provider just “rubber stamp” exceptions, or is there a clear audit approach to policy compliance and approved exceptions?
     
  4. Does it provide cost-of-living allowances (COLA) and lump sum calculations?
     
  5. Is there a process in place for making timely and accurate payments on the employee’s behalf for recurring costs (temporary living, rent, etc.)?
     

Some Employees Unwilling to Relocate in the Current Real Estate Market

Thursday, January 8, 2009 by SIRVA Relopinion

We all know that real estate is local. However-in our current real estate situation-we are seeing more markets continue to see a slip in home sales with only a few who are reporting an increase. The National Association of Realtors (NAR) reports areas such as Colorado Springs, Colo., Sacramento, Calif. and Spartanburg, S.C. are experiencing double-digit pending sales gains compared to a year ago with a significant percentage of these sales attributed to investors who are buying foreclosed properties. So while some markets have seen tremendous growth in home sales compared to last year, others have seen contract signings slashed by as much as 50 percent.

The current real estate market for the typical residential home is still very much a buyer's market. Attractive interest rates, large inventories of homes for sale and lower-than-average sale prices make it a great time to buy. Sellers aren't so fortunate. In fact, some areas have seen home values drop so low that typically willing transferees are hesitant to take a corporate relocation because of loss-on-sale concerns or owing more on their properties than the current market value sales price.

According to a recent survey conducted by the Worldwide ERC®, the number one reason employees are reluctant to relocate is a direct effect of the troubled real estate market. The survey indicated that more than 95 percent of respondents reported "slowed real estate appreciation at the old location," as the reason their employees are averse to moving. This is a stark contrast from last year when only 16 percent cited the real estate market as the reason for their reluctance. Instead, high housing costs, high cost-of-living and family resistance to move, were top concerns.

"Today, it's an unfortunate fact that those true soldiers that have faithfully relocated every two to three years are cooling to the idea because of the economy and the fear that they will take a considerable home loss-on-sale," says David Barlow, SIRVA's senior consultant. 

Barlow advises companies that have not done so to consider implementing a loss-on-sale policy to remain competitive and to help their transferees with the reality of falling home values and sale prices. He also advises companies that already have a loss-on-sale policy to re-evaluate the loss-on-sale limit or cap to ensure it is sufficient in today's difficult real estate market.

It's no secret that the current real estate market has had a significant impact on the relocation industry. Companies have had to reevaluate and update their corporate relocation policies to overcome the challenges of the current market.

Barlow doesn't wager a guess on when the market will turn, but he expects companies will be working through the challenges of the current real estate market for some time to come.
 

Making the best of your relocation program during the worst of economic times

Friday, December 19, 2008 by David Barlow

Here at SIRVA our clients are increasingly asking how the continuous economic turmoil impacts their company insofar as their relocation program is concerned. Specifically, they want to know how their company can continue to effectively and efficiently hire new employees and relocate existing employees during these difficult times.

So what should companies do in such challenging times insofar as relocation is concerned? In addition to learning how to better leverage relocation policies currently in place, this is the optimal time for companies to look at some of the innovative and time-tested relocation program provisions that are proving highly effective at protecting both your company and your employees. Here are some suggestions:

Best Practices for Home Sale:
Making sure your relocation program includes four (4) critical home sale provisions—regardless of what type of home sale program you have—and how to effectively enforce expectations.

Loss On Sale and Negative Equity:
An inside look at the innovative new options for the company and the transferee in these two complicated, yet frequently encountered, situations.

Pre-Decision Analysis:
Before the formal relocation process is started, companies need to assess whether candidates are able to actually complete the relocation in today’s economic climate.

Read the complete article now

SIRVA Names David Byers as Chief Commercial Officer

Monday, December 8, 2008 by SIRVA Relopinion



On December 5, 2008, SIRVA announced the appointment of David Byers as the Company’s new chief commercial officer. Byers brings more than two decades of operations, marketing, sales and brand management experience from H&R Block and Foote, Cone&Belding Inc. to SIRVA.

“David’s deep knowledge base in financial products and services, and his experience in developing and managing brands will help drive our relocation services business,” said SIRVA President and Chief Executive Wes Lucas. “Similarly, his background working with distribution networks will bring tremendous value to our moving business.”

Byers was with H&R Block for eight years and progressed quickly through the ranks, from senior vice president and global chief marketing officer to senior vice president of U.S. operations, and most recently, chief operating officer of retail tax services. In these roles, he was responsible for H&R Block’s U.S. operations, sales and business development functions, which comprised more than 13,000 retail locations and 100,000 employees. Prior to H&R Block, Byers’ career included working for global advertising agency Foote, Cone & Belding Inc., Del Monte Corporation, and most recently, he served as chief executive officer of The Mutual Fund Store.

See Press Release
 

Short Sales: A Necessary Consideration in Today’s Real Estate Market

Tuesday, December 2, 2008 by hank roth



When a borrower owes more on their mortgage loan than a property is worth, the borrower is in what is commonly called “negative equity.”

 

When a seller is in a negative equity position, they are obligated to come up with the negative balance to pay of their loan. The seller is required to do this for two reasons:

 

  1. The lien holder (the lender) will not remove the mortgage lien unless it receives full satisfaction of the amount due on the mortgage loan.
  2. The prospective purchaser of their property will not purchase the property with the mortgage lien still on the property.

What is a Short Sale?
A short sale is a means by which a seller can satisfy the negative equity. Instead of the seller paying the negative equity, the seller’s lender reduces the mortgage loan value and accepts a lesser amount from the sale of the property—hence, eliminating the negative equity.

 

History of Short Sales

Historically, in situations where the seller was unable to come up with the negative equity, lenders have not allowed a short sale. Lenders were willing to allow a property to proceed to foreclosure because property values were always increasing and could support a resale sufficient to recover the loan balance. Even when a short sale was denied, it was not generally the case that the seller would default on their loan—they would decide not sell their home. Short sales were only permitted in extraordinary situations when default was imminent and the resale value would not support the loan value.

 

Short Sales Today

Due to across the board extraordinary losses in property values, and increases in mortgage loan defaults and foreclosures, lenders are now more inclined, as a matter of policy, to consider a short sale transaction.

 

The lender will still require evidence that the sale price cannot support the current loan value and will look for evidence of potential default. However, lenders are more inclined to entertain a short sale based upon current real estate market conditions and the likelihood that the property value will not support the loan value in the foreseeable future.

 

Lenders have historically required anywhere from 30-60 days to complete a short sale transaction. Although many larger lenders are establishing departments to address short sale transactions, the time frames are not expected to be reduced due to the increase in negative equity situations. 

 

If a borrower waits until an offer is received to ask their lender to consider a short sale transaction, then there is a strong possibility that they will lose the transaction while awaiting their lender’s decision. Although a lender will not approve a short sale until they know the terms of the sales transaction, they can begin to investigate the borrower’s request, set the proper parameters for approval and be prepared to make a quicker decision when an actual offer to purchase is presented. Borrowers should contact their lender as soon as possible if they are in a negative equity or limited estimated equity position on the property. Because there is a significant amount of data and several factors for a lender to consider, the sooner the lender is able to begin evaluating the situation, the more opportunity there is for smooth and successful short sale transaction. 

 

Lender Requirements

Lenders still require ample support indicating that the short sale is the last viable option for the borrower. Therefore, the borrower must be able to demonstrate that they have looked at other alternatives such as credit card advances, family gifts and relocation employer benefits before requesting a short sale. Depending on the borrower’s particular and unique circumstances, the lender may require that the borrower enter into an unsecured consumer loan for the short sale balance.

 

Many lenders also require evidence that all reasonable steps have been taken to minimize the transaction costs. Many lenders will look to reduce broker commissions and other closing charges to maximize the amount of funds available for the loan payoff. It is important to explain to a lender that in a corporate relocation transaction the employee/borrower has no transaction costs and thus a reduction will not provide more funds to the lender (and, in fact, may reduce incentives to sell the property at the best possible price).

 

Lenders vary as to transactional involvement—some will only review the data presented and others will actively engage in the home sale process. SIRVA has experienced lenders that want regular marketing updates and even require that they control the listing process, listing price and any listing price reductions. In order to increase sales opportunities, some lenders have even required special incentives and concessions are included as a party of the marketing strategy, including special financing offers to prospective buyers. All of these possibilities are lender specific and vary significantly based upon the borrower’s position, the facts surrounding the transaction and the transaction terms themselves. This provides an additional reason to contact the lender as soon as possible if there is the possibility of a short sale situation.

 

Despite the complications and time involved, short sales must be considered as a viable alternative in dealing with negative equity situations in relocation transactions until the real estate market recovers and values become stable again. 

A “Best in Class” Expense Management Process

Thursday, November 13, 2008 by SIRVA Relopinion

Accurate and timely accounting of relocation expenses has a far-reaching impact on the overall performance and success of a corporate relocation program, to both the company and the individual transferee.

The company benefits in several ways when a “best in class” expense management process exists, including:

  • Efficient use of staff
  • Sophisticated processes that track corporate “spend” from initiation to payroll reporting to the “true-up” of expenses (as a result of the tax gross up methodology used)
  • Consistent policy interpretation
  • Objective and accurate expense reimbursement audits
  • Reduction of exceptions requested
  • Consistent tracking of exception approvals
  • Convenient, accurate, single-source management reports
  • Efficient reimbursement via payroll or check processing
  • Reduced risk of penalties from IRS tax audits
  • Accurate gross-ups, payroll reporting and year-end tax true-up

The employee benefits from:

  • Timely reimbursement of expense reports, normally within four days
  • Information typically available online with easy access to policy, FAQs and electronic expense reporting
  • Convenience and speed in answering questions
  • Year-end summary report including all expenses paid to or on their behalf
  • Year-end reconciliation of relocation expenses, including an itemization of what is and what is not taxable and the tax gross up where applicable

To learn more about managing corporate relocation expenses, please visit our resource library.

 


 

Down Payment Options

Wednesday, November 12, 2008 by Paul Klemme

Last month we learned about the options Mr. Johnson had when purchasing a home before selling his house in the origin location. His next concern is his down payment, specifically, how much does he need to put down and where can it come from.

Down payment requirements vary depending on the loan product, an individual’s credit situation and home location. Because each situation is different, it is important that transferees are counseled to ensure they understand the options that are available. Even though each situation is different, there is one recent trend that has immerged across all lending options—the requirement of a larger down payment. Today, most true “no” or “low” down payment loans have disappeared.

Down payment funds can come from many sources. Proceeds from a closed home sale are the most common down payment method used by transferring employees. Equity advances and secured bridge loans continue to be popular ways to connect equity from an in-process home sale to a home purchase.
*Liquidating cash or investments from bank accounts, mutual funds, 401k or stock has increased in popularity as home sales days-on-market have increased and available equity has decreased. Proper documentation showing ownership and liquidation may be required with this option.

Gift funds are still acceptable with a clear and direct paper trail from a relative. A promise of repayment of the “gift” will turn these funds into a loan and is not an acceptable source for closing.

Borrowed funds and unsecured debt continue to be unacceptable down payment sources and will not be considered as allowable funds to close. Borrowers can use a secured loan for a down payment, but only if the loan is secured against a tangible assets (car, boat or other such collateral). Signatures or cash advances on credit cards are not permitted.

Now that Mr. Johnson understands his down payment options and how he can qualify without selling his house, he decides that holding off until his home sells is his best option. 

Next time we will begin to look at corporate relocation costs and savings opportunities associated with the purchase of a new home.

The Importance of Cross Culture Awareness in an International Relocation

Friday, November 7, 2008 by SIRVA Relopinion

Global
While globalization has opened many opportunities for business, it has created some significant challenges. One leading challenge for global managers is learning to understand and appreciate cultural values, practices, and various nuances in different parts of the world. Experts in international business agree that to succeed in global business, managers should be open to others’ ideas and opinions and have the flexibility to respond positively and effectively to practices and values that are oftentimes drastically different from what they are accustomed to. Cultural training has been shown to improve an individual’s relationships with host nationals and allows expatriates to adjust more rapidly to a new culture and an international relocation.

There are a variety of training techniques that prepare people for foreign work assignments. They range from documentary programs that merely expose people to a new culture through materials about the country’s sociopolitical history, geography, economics, language and cultural institutions, to intense interpersonal-experience training, in which individuals participate in role-playing exercises, simulated social settings and similar experiences in order to “feel” the differences in new culture. Successful cross-cultural programs can include the following:

Local business etiquette. Even the most veteran and prolific employee can have difficulty without an understanding of business etiquette in other cultures. For example, the U.S. tendency to “get down to business” is regarded as rude in Japan, where business transactions often have a greater personal relationship component. An employee who appears impatient with Japanese traditions designed to establish friendship and trust will have little success in business negotiations.

Cultural biases. International relocation assignees should always examine the way their own culture affects their perceptions of right and wrong, good and bad manners, values, dress, and other customs. Cultural training can improve understanding of the cultural forces that affect their own behaviors and help assignees learn how to adapt to new cultural demands and the international relocation.

Customized training. Additional training can include special modules to help the employee and his or her family with their own individual concerns. For example, if the assignee’s children will be attending local schools, modules and resources on education etiquette would be appropriate.

To learn more, please visit our resource library

Some Employees Unwilling to Relocate in the Current Real Estate Market

Friday, October 24, 2008 by SIRVA Relopinion

We all know that real estate is local. However—in our current real estate situation—we are seeing more markets continue to see a slip in home sales with only a few who are reporting an increase. The National Association of Realtors (NAR) reports areas such as Colorado Springs, Colo., Sacramento, Calif. and Spartanburg, S.C. are experiencing double-digit pending sales gains compared to a year ago with a significant percentage of these sales attributed to investors who are buying foreclosed properties. So while some markets have seen tremendous growth in home sales compared to last year, others have seen contract signings slashed by as much as 50 percent.

The current real estate market for the typical residential home is still very much a buyer’s market. Attractive interest rates, large inventories of homes for sale and lower-than-average sale prices make it a great time to buy. Sellers aren’t so fortunate. In fact, some areas have seen home values drop so low that typically willing transferees are hesitant to relocate because of loss-on-sale concerns or owing more on their properties than the current market value sales price.

According to a recent survey conducted by the Worldwide ERC®, the number one reason employees are reluctant to relocate is a direct effect of the troubled real estate market. The survey indicated that more than 95 percent of respondents reported "slowed real estate appreciation at the old location," as the reason their employees are averse to moving. This is a stark contrast from last year when only 16 percent cited the real estate market as the reason for their reluctance. Instead, high housing costs, high cost-of-living and family resistance to move, were top concerns.

"Today, it’s an unfortunate fact that those true soldiers that have faithfully relocated every two to three years are cooling to the idea because of the economy and the fear that they will take a considerable home loss-on-sale," says David Barlow, SIRVA’s senior consultant. 

Barlow advises companies that have not done so to consider implementing a loss-on-sale policy to remain competitive and to help their transferees with the reality of falling home values and sale prices. He also advises companies that already have a loss-on-sale policy to re-evaluate the loss-on-sale limit or cap to ensure it is sufficient in today’s difficult real estate market.

"In the past, $25,000 was a typical loss-on-sale cap, but today that figure is increasing and could approach $75,000," he explains.

Negative Equity a Grim Reality
While many companies are struggling with situations where transferees are not willing to relocate because of a significant loss-on-sale, others are dealing with a less common but potentially even more difficult scenario— is trying to relocate employees who have negative equity in their home.

Barlow explains that SIRVA is seeing this problem grow from what used to be a very low percentage of relocation candidates, which is a definite sign of the times.

Negative equity comes into play when a home’s value is less than the amount of all outstanding debts against the home. This can happen if an individual takes out a line of credit, second mortgage or other loan on his or her home, which must be paid before the home can close. It can also happen if the home’s value has decreased below the value of the original mortgage. This can occur with low or no money down loan products that were prevalent in the last 5-10 years.
 
"If a transferee purchased a home for $350,000 two years ago, and in today’s real estate market that home is only worth and sells for $325,000, then the owner is looking at a $25,000 loss on sale," explains Barlow. "This situation would generally be covered in whole or in part by a loss-on-sale policy. However, if the same individual also took out a $50,000 home equity loan (in addition to a $300,00 first mortgage), then he or she is now on the hook for whatever portion the company does not cover in the loss-on-sale benefit.  If the first mortgage and the line of credit is greater than the net proceeds of the sale of the home plus the loss-on-sale benefit then the homeowner is in a negative equity situation or is considered to be ‘upside down’.

"If the homeowner can’t repay this total debt at the home closing, the home can’t be sold. This is a significant issue in corporate relocation because all obligations have to be cleared when closing the sale of the home, and if the individual can’t clear the obligation and sell the home, the relocation can’t proceed."

SIRVA’s Solution
SIRVA works closely with companies to minimize the risks of relocating individuals with negative equity. SIRVA counselors are trained to ask the right questions and uncover negative equity situations in the discovery phase, before the relocation is initiated.

"If we determine a relocation candidate will be in a negative equity situation then we can alert our clients who will then have to make some tough decisions," explains Barlow. "The best course of action may be to select another candidate."

Barlow says the last course of action a company should take is to settle the negative equity obligation for the employee in the form of a lump-sum payment.

"Our counsel has always been against paying the negative equity to the employee. Imagine the potential equity issues if an employee were to find out the company settled a colleague’s unique financial obligation. This could create more problems than it solves," he says. "Consider the similar transferee who did not take out an equity line who would—in effect—be penalized for his/her conservative financial management." 

Instead, Barlow advises companies that absolutely have to relocate a high-value employee with negative equity to consider a loan—rather than just cutting a check—for the outstanding debt.

"Companies can give transferees the opportunity to pay the loan back or use it as a retention device, forgiving portions of the loan over time," adds Barlow. "Companies could also consider a temporary domestic assignment or home-retention allowance. Either would allow the company to relocate an individual with negative equity by not selling the home and thus not having to deal with the debt obligations during the relocation process.

Barlow emphasizes how important it is to identify negative equity transferees before relocations are initiated.

"This is one of the ways SIRVA’s consulting services can help companies execute their relocation programs while minimizing the risks of the current real estate market," he continues. "Our obligation is to work with clients to identify every possible course of action in order to make a relocation happen."* It’s no secret that the current real estate market has had a significant impact on the relocation industry. Companies have had to re-evaluate and update their corporate relocation policies to overcome the challenges of the current market.

Barlow doesn’t wager a guess on when the market will turn, but he expects companies will be working through the challenges of the current real estate market for some time to come.

History of Tax Treatments of Reimbursements of Brokers Commissions and Closing Costs

Thursday, October 9, 2008 by hank roth

Unquestionably, reimbursement of brokers’ commissions and closing costs, in conjunction with the sale of a relocated employee’s home, creates taxable income. During the mid-1960s corporations created the first home purchase programs in an attempt to eliminate the creation of taxable income resulting from the reimbursement of these costs to the employee thus eliminating the creation of income as well as the cost to gross up that income to keep the employee whole.

In the typical home purchase program the employer, or a supplier retained by the employers (throughout this white paper, utilization of the word employer also refers to a relocation supplier retained by the employer), offers to purchase the employee’s home at “fair market value” as set by an appraisal process. The employer then allows the employee to test the market for a set period usually 30-60 days to see whether they can sell the home for more than the appraised buyout offer. If the employee elects to accept the buyout, then the employer (or relocation supplier) buys the home and closes with the transferee. Closing costs are not charged to the employee, as the employer is simply willing to take a deed for the home without any obligation incurred for such costs. The only exception to this is the first transfer tax (where it is assessed), which is the sole responsibility of the transferee. Further, if the employee lists the home for sale, he or she must have had the real estate broker sign an “exclusion clause,” so that the employee does not incur any obligation for real estate commission if the employee sells the home to the employer. Accordingly, no commission upon the sale from the employee to the employer is due.

If during the offer period the employee does find a buyer willing to pay more than the employer’s offer, the recommended procedure to maximize the tax benefits of using a compliant home sale program would be to use the Amended Value Sale process described below:

  • Amended Value Sale: In an amended value sale, the employee informs the employer that a buyer is willing to pay more for the home and the employer (or relocation provider) then amends its fair-market-value offer up to the amount offered by that buyer.

If no buyer is procured by the employee, he or she will accept the offer from the employer. The employer then completes the sale with the employee and conducts a closing where prorations are made up to a certain date (generally the date at which the employee vacates the home). Thereafter, the employer attempts to resell the home and upon such resale all the costs of brokers’ commissions, closing costs and any losses on the resale of the home are incurred by that employer. read more.

To read the rest of the conversation, visit our resource library.

How SIRVA Can Assist With Group Moves

Tuesday, September 30, 2008 by SIRVA Relopinion


If you have a group move to manage and are seeking assistance, SIRVA Relocation is able to provide the following services:

Defining Objectives
SIRVA works closely with your Company’s management team to define the overall objectives of the move and ensure their implementation during the move process. As a part of our consultation, we will discuss the Company’s business and human resources goals and objectives, policy issues, the group move timeline, and factors to consider in the cost analysis and process development.

Relocation Cost Analysis
We provide expertise in analyzing the total cost of a group move by detailing the cost impact of policy decisions and local market conditions on both the Company and the employee.

Policy Design
SIRVA can incorporate your business objectives into an appropriate group move policy. A key component of policy design is the solicitation, review and analysis of your employees’ input via the employee survey that we will design to meet the needs of your employee population and the constraints your management has placed on the process. This information, along with policy and benefit guidelines, will result in a Group Move Policy Handbook detailing the corporate relocation program for your employees.

Employee Presentations
We have the depth of experience to assist the Company in securing the employee’s enthusiastic commitment to the move through a carefully planned and professionally presented program for the entire family. This program includes a complete overview of the new destination city and state, plus the ability for employees to ask questions and address concerns about the move. In short, we bring the experts in each resource area to the transferee.

Relocation Resource Center
SIRVA can prepare an on-site, on-going “Relocation Resource Center” for employees and their families, which provides information about the destination city’s schools, housing options, medical facilities, etc.

Information Kit
Each employee will receive a complete package of information about the destination city including, if appropriate, a video about the city. Employees will be assigned a personal relocation counselor who is available to answer questions, research any specific needs they or their family members may have, and arrange for individual home finding trips to the new city (if included in the plan).

Area Tours
SIRVA can organize area tours guaranteed to satisfy your employees’ questions about their new city.

Other services include:
• Home Marketing Assistance
• Home Purchase Assistance
• Home Finding Assistance
• Temporary Housing Assistance
• Spouse Job-Finding Assistance
• Employee Expense Tracking Administration and Tax Calculation Capabilities
• Mortgage Assistance
• Vendor Selection and Management
• Training Material and Programs

Corporate Immigration Compliance: Stealth Expats

Monday, September 29, 2008 by SIRVA Relopinion
As trends of short-term assignments have increased, a new category of worker has emerged, “stealth expatriates” (expats). This term is used to describe employees who work in another country outside of the country’s official international assignment program— often without the knowledge of Human Resources. These stealth expats originate from a number of different sources: employees or short-term assignees who have extended their planned overseas visit due to business reasons: foreign nationals who have been hired locally but on a semi-expatriate package; cross-border commuters whose job responsibilities have been extended; employees who are sent on assignment by business leaders who do not understand company procedures.

Flying under the radar, stealth expats inadvertently increase the risk of noncompliance for themselves and for their employer in the areas of tax, immigration and employment laws. Consulting companies in particular are caught in the dilemma of balancing contract deadlines to avoid penalties with lengthy work permit application requirements in the host country. It has become the job of Human Resources to educate the stakeholders on the options available to transfer assignees into the host country as quickly and efficiently as possible. This is often accomplished by taking advantage of special immigration legislation aimed at allowing people with special skills to work in host countries. Human Resources also are responsible for the corporate governance requirements of their companies to build processes that bring stealth expats into their companies’ processes and mitigate risk.

Companies that consult on global relocation are now developing sophisticated tools and processes to help organizations identify and track stealth expats and bring them back into company processes while not disrupting the stealth expats’ valuable contribution to their organizations’ international businesses.

For more information, visit our resource library

Importance of Cross Cultural Awareness

Thursday, September 25, 2008 by SIRVA Relopinion
International Relocation: The Importance of Cross-Cultural Awareness

Companies operating in the global market are quickly discovering business success depends heavily on expatriate managers’ knowledge and familiarity with the cultures in which they do business. Culture clashes have a momentous influence on an expatriate’s assignment, and understanding the host country’s culture is a significant piece of the puzzle. Since expatriate failure is costly for companies, it is to a company’s benefit to provide cross-cultural training to employees working on overseas assignments.

Although generic programs exist, cross-cultural training is most effective when it’s tailored to the specific needs of the expatriate and the host country. Because learning about a new culture requires an understanding of one's own cultural biases and behavioral traits, companies that use customized, cross-cultural training typically receive better results.

Successful cross-cultural programs can include the following:

Host Country Information
Basic information about the assignee’s host country, including its history, common religions, political structure and recent events, so employees can understand citizens’ values and beliefs.

Behavior Adaptation
Although people have a hard time changing their cultural understanding, they can learn to alter their behavior to adapt to a new culture. In this phase of cross-cultural training, expatriates examine the way they currently handle a situation and what is required in the new culture.

Communication techniques
A manager going to live in a foreign country for the first time might not realize how communication styles differ around the world. For example, U.S. employees tend to use “low context” communication, which is direct and task-oriented. Many other cultures have “high context” communication, in which messages are more indirect, like in the Middle East.

For a full account of information regarding this service visit our resource library.

Benefits of a “Best in Class” expense management process

Wednesday, September 17, 2008 by SIRVA Relopinion
Accurate and timely accounting of relocation expenses has a far-reaching impact on the overall performance and success of a corporate relocation program, to both the company and the individual transferee.

The company benefits in several ways when a “best in class” expense management process exists, including:
  • Efficient use of staff
  • Sophisticated processes that track corporate “spend” from initiation to payroll reporting to the “true-up” of expenses (as a result of the tax gross up methodology used)
  • Consistent policy interpretation
  • Objective and accurate expense reimbursement audits
  • Reduction of exceptions requested
  • Consistent tracking of exception approvals
  • Convenient, accurate, single-source management reports
  • Efficient reimbursement via payroll or check processing
  • Reduced risk of penalties from IRS tax audits
  • Accurate gross-ups, payroll reporting and year-end tax true-up

The employee benefits from:
  • Timely reimbursement of expense reports, normally within four days
  • Information typically available online with easy access to policy, FAQs, and electronic expense reporting
  • Convenience and speed in answering questions
  • Year-end summary report including all expenses paid to or on their behalf
  • Year-end reconciliation of relocation expenses, including an itemization of what is and what is not taxable and the tax gross up where applicable

Managing Corporate Relocation Expenses: Assessing the current expense management process

Monday, September 8, 2008 by SIRVA Relopinion

Because all relocation services funnel through the expense management function to be appropriately recorded and paid, this function is a significant responsibility for those managing the relocation program. As a result, corporate relocation managers and/or payroll managers should consider several key issues when evaluating the effectiveness of the expense management process in their companies.

When evaluating the current expense management process it is important to look at several things before determining what changes, if any, should be made. First, review how the process performs against a number of key metrics, such as expense report processing time, service results, audit results, or number of W2 Cs required. Then determine if the results are satisfactory and objectives are clearly in place.

Questions to consider when assessing the current process:

• Who receives the expense and what do they do with it?
• Who audits the expense?
• Who enters it into the system?
• Who puts it into payroll?
• Who puts the invoices into A/P?
• Who reconciles the G/L?
• Who does the gross up?
• Who communicates to the employees that expenses are paid/rejected?
• How much time is the employee’s manager spending in the process?
• Is the function spread among several people and it is consistent between processors?
• How many FTEs (combined) provide this service?
• How much do the inefficiencies in the process cost the company?

Planning a Group Move: Planning Pre-announcement Activities

Wednesday, September 3, 2008 by SIRVA Relopinion


Before you announce that a corporate group move (or relocation) is taking place, it is important to be prepared. A part of that will be identifying the resources you will need. Consider all the internal departments that need to be involved or will be impacted by the move. Evaluate if you need to bring in outside resources to assist you in managing the move. It may not always be obvious who should be on the team.

It may be that there is a “working team” and a “guidance review team.” Having a “team within a team” is an efficient way of keeping people focused and available, rather than in meetings.

Once your team or teams are selected, it is time to build your plan. The following steps can help you get started.

Create a timeline.
If possible, have your Company’s leadership team provide you with a “hard date” as to when they want the move to be completed. Test the logic behind the date. Is it feasible? Will the building be ready to occupy? Will the timing of the move disrupt business during peak months? Can everyone be moved by that date? Remember, once you agree on a date (whether you had input or not) you will be measured according to whether or not you hit the date. If it is not possible to establish a specific date, you will need to recognize that you are working against a moving target that will add complexity to the timing of the move as well as stress and anxiety for the employees moving. In addition, a group move without a hard date complicates the entire process, as there is always an implication of having “more time.” Determine your schedule for accomplishing each element of the project. You will also want to establish a timetable for acceptance once employees are invited.

Gather data about the people who will be impacted by the move.
This will include both those who are moving as well as those who are not. For those who are moving, you need to gather a great deal of data, including:

• Current position
• Tenure with the Company
• New position
• Current salary
• New salary
• Current manager
• New manager
• Family information
• Homeowner or renter information
• Current address
• Expected move date

Review your current corporate relocation policy to evaluate whether it will support the objectives of the move. (Read more).