Posted Monday, July 21, 2008 by
hank roth
Employers who reimburse brokers’ commissions and closing costs on the sale of their employees’ homes, as part of a relocation, create taxable income for those employees. Since the Tax Reform Act of 1993, no deductions for such relocation expenses are available to employees, and, therefore, all such payments create fully taxable income. As an example, the average sales commission and closing costs on a $300,000 home are approximately $24,000 or about 8% of the home’s value. Reimbursing these fees creates a tax liability for the transferee of approximately $8,400 in state, local and federal taxes. For transferees in high-income brackets, this tax liability can run as high as $11,400 (slightly under 50% of the estimated closing costs).
Many employers, attempting to relieve the tax liability for their employees, reimburse their employees for these taxes. In the relocation industry, this is commonly referred to as “gross up.” On a $8,400 tax liability, however, the initial reimbursement creates $3,300 in additional taxes for the transferee. Most companies also gross up this amount. If $8,400 is fully grossed up, so that the employee has no net-tax liability, total tax reimbursements come to an average of $16,080 (about 67% of the broker’s commissions and closing costs reimbursed) and can reach over $21,230 (about 88.5% of the reimbursement) for employees in the highest tax bracket.
To eliminate the creation of taxable income these reimbursements create, certain employers have used home purchase programs – also called “buyouts” – designed to utilize the tax effect of the 1972 IRS Revenue Ruling 72-339. In November of 2005, the IRS finally issued an updated and very detailed new Revenue Ruling (Rev Rul 2005-74) which reaffirmed that home sale programs if constructed in alignment with the examples in the Revenue Ruling would still obtain the tax benefits of Rev. Ruling 72-339. Unfortunately, according to the Employee Relocation Counsel (ERC), historically the cost of buyout programs average almost 17% of the acquisition price of the home. As a result, many corporations have never employed home purchase programs, while others have abandoned buyouts and are looking for other options…
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