CapRelo Blog

Tax Reform and Transferees: What You Need to Know

Posted by CapRelo on Tue, Feb 06, 2018

Red Ring Binder with Inscription Tax Law on Background of Working Table with Office Supplies, Laptop, Reports. Toned Illustration. Business Concept on Blurred Background. 3d Render..jpegTax reforms in 2018 will have an impact on deductions and property taxes. Here is a brief summary of the primary changes. Please note that individuals should always consult their tax advisors.

Moving Expense Deduction

As of January 1, 2018, movement of household goods, storage and final move travel are taxable to transferees. With the elimination of the moving expense deduction, the "50 mile", "39 week" and "one year" rules as well as the 18 cents per mile vehicle allowance are no longer relevant. This change should be reviewed closely with your mobility management company to fully understand the impact to your organization.

Tax Rates and Withholding

The tax rates are generally lowered, which should reduce the marginal tax rate for employees. The supplemental withholding rate that is used by most companies to withhold on taxable relocation benefits and to calculate gross-up will fall from 25% to 22%. However, with the loss of moving expenses and other deductions, companies will need to manage their gross-up programs carefully, especially with the new tax rates. 

State and Local Income, Sales and Property Taxes

State and local income, sales and property taxes remain deductible, but only up to $10,000 combined. Employees moving into high-tax areas are more likely to be affected.

Mortgage Interest Deduction

The mortgage interest deduction is retained, but the maximum loan amount to be able to deduct was reduced from $1 M to $750,000. Employees moving into high-cost areas are more likely to be impacted by this new threshold for mortgage interest deductions.

Home Sale Capital Gains Exclusion

There were no changes here. Both the House and Senate had proposed changing the required ownership and use as a principal residence to five out of eight years from the current two out of five. That would have certainly impacted relocation with many transfer­ees moving again inside of a five-year window, but fortunately there were no changes regarding Capital Gains on homes.

Tax Brackets and Rates, 2018

2018 Tax Brackets.png

 

Today's post is brought to you by our friends at Colonial National Mortgage. Click here to download a copy.

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Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: tax impact of relocation, relocation taxes, mobility and taxes

Which Relocation Expenses Can Be Excluded from Income Tax?

Posted by Amy Mergler on Fri, Mar 10, 2017

TaxesRegardless of the distance or time of year, relocating for a job is an expensive undertaking. Fortunately, many employers have relocation packages in place that reimburse employees for some, or all, of their moving expenses. Some relocation expenses are excludable from income tax, while others are considered additional taxable income by the IRS.

Learn more about relocation and U.S. taxes in our free guide.

Excluded Moving Expenses

Qualified relocation expenses are not included in an employee’s income. They are paid directly to the employee or to third parties. Excludable expenses paid directly to the employee are noted on the employee’s W-2 form in box 12, while payments made directly to third parties on the employee’s behalf need not be reported on their W-2.

Excludable moving expenses typically fall into two primary categories, household goods and final move expenses. Below are some common costs related to these two categories.

Moving Household Goods

  • Packing and unpacking household goods at the original and new residences
  • Disconnecting, then reconnecting utilities for each home
  • Transporting pets from the original residence to the new location
  • Packing, crating and boxing supplies
  • Transporting personal vehicles to the new location
  • Storage expenses, usually for 30 to 90 days (depending on the policy and individual circumstances)
  • Insurance on the household goods

Final Move Expenses

  • Transportation expenses to physically move the employee and his/her family to the new residence
  • In-transit lodging for the family
  • Mileage expenses for employees traveling by car, but only the first $0.19 per mile in 2017 (varies each year) is excludable from income

To be excludable from income, the employee should take the most direct route to the news home.

Where to Find Information on Excludable Relocation Expenses

Visit the IRS website to find the most up-to-date information on excludable relocation expenses. Specific information on relocation expenses is outlined in IRS Publication 521, Moving Expenses.

Reloc

 

Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: tax impact of relocation, relocation expense reimbursement, employee relocation expenses, relocation taxes, employee relocation

How to Calculate Tax Gross Up

Posted by Nicole Overholt on Fri, Jan 13, 2017

tax-calculator.jpgA tax gross up is when the employer adds to the taxable relocation amount to assist with the tax liability of the addition of taxable relocation costs to an employee's income. For example, if the relocation costs include $5,000.00 taxable dollars, the employer may pay a total of $7,500.00 so that the employee gets the full benefit of the $5,000.00, as the estimated taxes of $2,500.00 are paid by the employer.

It's said that death and taxes are the only certainties in life. I'll leave the answer to that question to the great philosophers. However, one thing is an absolute certainty: taxes are a fact of life.

This is particularly true in the employer, employee relationship. The government requires that the employer withhold taxes from the employee's paycheck. Some would call this wise on the government's part, others wouldn't be so kind. In the corporate world, practically everything is taxed, including aspects of relocation packages provided to employees.  Most relocation expenses associated with a move, whether it is a reimbursement made to a transferee or a payment made to a vendor on the transferee’s behalf, is required to be reported as taxable income to the employee and is subject to IRS supplemental withholding regulations.

Can you imagine the look on your employee's face when you gently explain that the generous relocation benefits provided will increase his or her tax burden? It is a guarantee, the once happy employee's mood will change quickly and not for the better.  Well, fortunately for these employees, a portion of the tax liability of the relocation package can be covered by tax assistance (gross up) paid by the employer. Unfortunately, grossing up can add 55% or more to taxable relocation costs. If you consider the obvious benefit to the employees’ long-term happiness, it is money well spent.

3 main ways to calculate a tax gross up

Gross Up Formula #1 - The Flat Method 

The flat method is a flat percentage calculated on the taxable expenses and then added to the income.  For example, an employer will gross up at a rate of 25% for taxable expenses.  If the transferee is paid $1,000, the gross up would be 25% of this, or $250, and therefore the transferee would receive a benefit of $1,250 total.  Note that the gross up is also considered taxable income and may create an additional tax liability to the transferee.

It’s important to note that this method likely doesn't cover the employee's tax liability since the gross up is taxable income. Additionally, this method is not compliant with supplemental withholding regulations.

The following tool will help you calculate tax gross up using the flat method:

 

Gross Up Formula #2 - The Supplemental/Inverse Method 

This method is often used because not only are relocation expenses considered income, but the gross up is considered income too.  Therefore employers will pay the gross up on the gross up.  To determine the amount, add up all the tax rates (fed, state, OASDI, SS) and then divide the taxable expense by the sum of the tax rates. Take this number and subtract the taxable expense. 

Supplemental-Inverse Gross Up.png

This methodology covers gross up on the gross up, but may not accurately reflect the tax bracket of the employee.

The following tool will help you calculate tax gross up using the supplemental/inverse method:

 

Gross Up Formula #3 - The Marginal/Inverse Method

This method is typically handled by a CPA or full-service relocation companies and also incorporates the tax on tax calculation. The difference is this methodology takes into account employee income and IRS Form 1040 tax filing status. In most cases policy dictates that only company-earned income will be considered and other forms of income, such as spousal income or investment income, won't be taken into account.

These three methods represent the nitty gritty of grossing up taxable relocation expenses to assist with the employee's relocation tax liability. While one can do the calculations, it is always wiser to seek the help of an experienced relocation experts.

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Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: talent retention, tax impact of relocation, calculating tax gross up, talent management

December Relocation Survey

Posted by Amy Mergler on Thu, Dec 15, 2016

Thinking about changing your relocation program or just curious about what other organizations are doing? Each month, we'll feature a short survey and share our findings along with the next survey the following month. Below are the results for last month's survey and this month's survey questions.

November Survey Results

1. Does your company offer a lump-sum package for global relocations?

67% of respondents do provide lump-sum packages. 33 % do not or are unaware of the program parameters.

2. What type of lump sum relocation packages do you offer?

33% of repondents provide alternative (partial) lump sum. Another 33% provide managed lump sum. And 34% provide other types of packages.

3. What are your motivations for using a lump-sum program?

33% of respondents were motivated by cost control. 34% were motivated by ease of administration. The remaining respondents were unaware of their companies' motivations for choosing lump-sum packages. 

 

As the New Year approaches and companies start preparing records for the upcoming tax season, this month's survey focuses on relocation and taxes.  

Create your own user feedback survey

Topics: tax impact of relocation, relocation taxes, global relocation

Claiming Tax-Deductible Relocation Expenses

Posted by Amy Mergler on Tue, Apr 12, 2016

Tax_Forms.jpgMany potential transferees find that they must turn down an otherwise lucrative job transfer due to the high cost of moving. Some employers choose to underwrite everything from helping an employee list and sell their current home, to handling all transfer-related details – including movers and travel – although not all expenses may be covered or reimbursed. This is where tax deductions come in very handy, enough so that they may make the difference between an employee enthusiastically accepting a transfer offer or turning one down.

For more information on Relocation and U.S. Taxes, download our free guide.

One important note: only those qualified expenses not directly reimbursed by the employer may be deducted. Any reimbursed expenses or those paid directly to a vendor, such as a moving van company, are not deductible but usually are excluded as income. It is helpful for your company to provide this type of relevant tax information to the employee to assist them during tax filing season.

A professional relocation company should be able to guide transferees and employers through the process of determining deductibility.

An employee must meet three basic IRS requirements to consider deducting relocation expenses:

1. Starting Dates to Moving Dates

The IRS permits the deduction of qualified expenses incurred within one year from the time of actually starting work at the new location. Any moving expenses must occur within a year of the starting date to qualify as deductible.

2. Distance from Home and Work

According to the IRS, a new main job location must be at least 50 miles farther from the old home than the former job location was for the old home.

3. Length of Time Worked at Current (or New) Job

The IRS stipulates that employees "must have worked full time for at least 39 weeks during the first 12 months immediately following arrival in the general area of the new job location. If self-employed, the claimant must work full-time for at least 39 weeks during the first 12 months and for a total of at least 78 weeks during the first 24 months immediately following arrival in the general area of the new job location."
 

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Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Image courtesy of everydayplus at FreeDigitalPhotos.net

Topics: tax impact of relocation, relocation taxes

Relocation and Taxes: What Are the Employer's Responsibilities?

Posted by Amy Mergler on Thu, Mar 24, 2016

accounting-resized-600.jpgPayment or Reimbursement for Moving Expenses

Any employer-paid reimbursements or payments of an employee's job-related moving expenses are considered income for the employee only to the extent that he or she would not be able to deduct them as expenses. If expenses meet the eligibility requirements under the IRS Code Section 217 and an accounting of expenses are furnished by the employee to his or her employer and any excess of payments or advances over actual expenses are returned, then those amounts are excluded from an employee's income.

For more information on Relocation and U.S. Taxes, download our free guide. 

Employer Deductions

If a company helps the transferee sell his or her home, or buys it outright, that company may also recognize tax savings. It is best to consult with a licensed real estate and tax expert in this area, as there are very strict regulations in place that allow the sale of the home to be recorded as a non-taxable event.

Payroll Taxes and Withholding

In the determination of liability, the employer is usually liable for collecting and paying withholding and payroll taxes on reimbursements of an employee's job-related moving expenses as well as other payouts considered income to the employee. The employer is not liable for the payroll taxes and withholding amounts excluded from an employee's income (such as deductible moving expenses) of if there is reason to believe that the employee can deduct a corresponding moving expense. ("Allowable" is understood to mean that it is a type of deduction that would normally be allowable if a hypothetical employee met all of the criteria for the deduction, not necessarily that a particular employee will in fact take the deduction.)

Tax Forms and Other Records

Employers are no longer required to provide transferred employees with the IRS Moving Expense Form 4782; however, it is still a good idea to provide an itemized listing of all reimbursements made for moving expenses. It would be even more helpful to include reference to other necessary forms as well as other assistance provided in a tax packet, including Moving Expenses Form 3903, which employees must attach to their 1040 tax forms.

Reloc

 

Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: tax impact of relocation, relocation taxes

Tax Deductible Relocation-Related Expenses

Posted by Amy Mergler on Thu, Mar 03, 2016

Loading_Car_into_Moving_Van.jpgNo one wants to pay higher taxes on top of the usual stress of moving, so your transferring employees will need to know which expenses are deductible and which are not.

Only those qualified expenses not directly reimbursed by the employer may be deducted. Any reimbursed expenses or those paid directly to a vendor, such as a moving van company, are not deductible, but usually are excluded as income. It is helpful to provide this type of relevant tax information to the employee to assist them during tax season.

Find out what you need to know in our free article, Relocation and U.S. Taxes.

Below are some deductible relocation expenses allowable by the IRS.

Automobile Expenses

The IRS Code Section 217 governs the deductions for moving expenses. Because the tax laws can and do change yearly, especially regarding business mileage rates and travel allowances, it's important to consult a company knowledgeable in tax law as it pertains to transferee relocation. For example, the standard mileage deduction rate of 2014 was 23.5 cents per mile for qualifying automobiles, with 56 cents per mile for business and dropped to 23 cents per mile in 2015. The employee may opt to itemize and deduct actual out-of-pocket expenses for gas, oil, parking and tolls or they may deduct 23 cents per mile as of January 1, 2015, which is easier than accounting for all actual out-of-pocket expenses.

Household Goods Moving Expenses

Money spent on packing, including supplies and labor, and transporting an employee's belongings, pets and automobiles are currently allowed, as is temporary storage of belongings for up to 30 days.

Utility Disconnection and Reconnection Fees

These expenses are deductible for both old and new residences.

Travel Expenses

Travel expenses include airfare, bus or train fares as well as hotel stays during the actual move. Note that meals en route are not included. Meals eaten at restaurants as well as entertainment are now considered to be out-of-pocket expenses. Because only the most direct, fastest route will be allowable, any extended vacation stay-overs or side trips will not be deductible.

Reloc

 

Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: tax impact of relocation

IRS Initiates Policy Changes Regarding Tax Reporting for Expats Living Abroad

Posted by Amy Mergler on Thu, Feb 11, 2016

taxes.jpgMoving and living abroad can result in complicated situations—especially where finances are concerned. For the estimated 335,000 expat U.S. citizens who earn an income overseas, it can be even more complicated than for other nationalities, since the United States is the only country that requires its citizens to file overseas income taxes on peril of losing citizenship.

The Foreign Account Tax Compliance Act

In 2010, the Foreign Account Tax Compliance Act (FACTA) was created in order to flush out tax evaders who failed to declare overseas income or capital. According to the IRS, U.S. taxpayers who have signature authority or a financial interest over one or more overseas bank accounts must use Form 8938 to report these assets, and it should be attached to their annual income tax return (typically Form 1040). If the total value is below $50,000 at the end of the tax year, the taxpayer doesn’t have to report the income unless the value exceeded $75,000 at any time during the year. The threshold is higher in some cases and is different for married and single taxpayers. 

In addition to Form 8938, any United States taxpayer with financial interest or signature authority over at least one overseas financial account must file an FBAR form if the aggregate value of said accounts exceeds $10,000. It’s important to realize that the FACTA regulations also apply to U.S. expats who return to their homeland, but who still hold overseas bank or financial accounts. However taxpayers who aren’t required to file an income tax return for the tax year also aren’t required to complete Form 8938.

Additionally, the FACTA reporting obligation also affects taxpaying expats from other countries who are living in the United States. Many immigrants have bank accounts in their homeland, even if they don’t use them after moving to the U.S. As of this year, they need to review their accounts and determine whether they need to be reported. 

Penalties for not complying with the FACTA regulations are severe. The penalty for failure to file Form 8938 is up to $10,000 for failure to disclose, plus an additional $10,000 for each 30 days of non-filing after the taxpayer receives the IRS notice of failure to disclose (max. $60,000). In some cases the IRS may impose criminal penalties as well.  For non-willful failure to file FBAR, the penalty is up to $10,000. If willful, the penalty is up to $100,000 or 50%, whichever is greater, and criminal penalties can also apply.

What makes this so relevant now is that as of this year, the IRS has more stringent methods to enforce these regulations. It has formed alliances with over 100 countries, establishing a requirement for financial institutions in those countries to report any accounts belonging to U.S. citizens, U.S green card holders and U.S. expats.

And that brings us to the other aspect of this situation that makes life for U.S. expats difficult. If a bank fails to report even one single person, the U.S. Department of Treasury could fine the institution as much as 30 percent of its U.S. income. This means that U.S. citizens are high-risk customers, and many banks and other financial institutions around the world are reluctant or unwilling to work with them.

Corporate Relocation Companies Can Help

Fortunately, experienced corporate relocation companies like CapRelo can be of assistance to U.S. expats moving and living abroad. Corporate relocation companies often have a network of banks, lenders and other financial institutions that possess the infrastructure and knowledge to work with U.S. customers. In addition, they can assist in finding international tax specialists who can help ensure expats meet all of their tax reporting obligations.

In conclusion, FACTA certainly makes financial matters more complicated for those living abroad. But by being aware of the reporting requirement and knowing how to find the right kind of help, expats can still have a valuable, enjoyable overseas experience.

 Reloc

 

Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: tax impact of relocation, relocation taxes, expats

Tax Considerations for Relocating Canadian Employees to the U.S.

Posted by Amy Mergler on Thu, Feb 04, 2016

global_mobility.jpeg

In today’s labor market, talent mobility is becoming increasingly important. First, there’s a growing necessity for companies to function at a global level. Thanks to continuously improving communications technology, organizations are collaborating with partners and breaking into markets overseas. As a result, there are more relocation opportunities for employees to gain international experience.

Second, millennials – who’ve grown up in this hyperconnected world – expect to be given opportunities to work overseas. Whereas international assignments used to be reserved for highly experienced employees, nowadays, international transferees are often at the beginning of their careers. And though they’re likely to possess fewer assets than more seasoned employees, it’s nevertheless critical to be aware of the tax implications of relocating to a different country.

This is especially important for Canadian employees relocating to the United States. Both countries have a number of tax laws that can have a significant impact on the amount of taxes an employee has to pay on income and assets. In some cases, employees might even be subject to double taxation. That’s why it’s imperative that employers work with their employees to determine the best course of action ahead of time.

Keep the following considerations in mind:

  1. Tax residency. Canada levies income tax based on residency, so employees who retain their primary residency in Canada are likely to have to pay income taxes. The U.S., however, levies taxes on a citizen’s or resident’s worldwide income. The complication here is that the U.S. might consider someone a permanent resident based on the substantial presence test (SPT). This means it’s possible that an employee could be subject to double taxation, which can be extremely costly—even when you keep in mind that U.S. taxes are typically much lower than Canadian ones.
  2. Departure tax.When an employee leaves Canada and takes up permanent residency in the U.S., or when the SPT deems that employee to be a permanent resident of the U.S., he or she is no longer subject to income tax in Canada. However, assets the employee retains in Canada will still be taxed. These assets include: dividends, annuity payments, royalties and rental payments, amongst others. Real estate and registered retirement savings plans are exempt.
  3. U.S. estate tax. If an employee becomes a permanent resident of the U.S., he or she is subject to U.S. estate tax, which is levied on all of a resident’s worldwide assets if they amount to more than 5.43 million U.S. dollars and their assets in the U.S. if they’re valued at a minimum of $60,000 U.S. dollars. Again, if the employee retains assets in Canada, this could result in a double taxation situation.

It’s clear that when tax time rolls around, transferees could face complicated and expensive situations that could very well affect their engagement with their employer. To prevent this and ensure companies retain their people, employers are advised to provide proper assistance in terms of accounting and estate planning to all of their transferees.

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Although this written communication may address tax issues, it is not a covered opinion as described in Circular 230.  Therefore, to ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments), unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

Topics: tax impact of relocation, relocation taxes, global mobility, international relocation

How Does Relocation Assistance Affect Taxes?

Posted by Jim Retzer on Tue, Feb 10, 2015

 

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Topics: tax impact of relocation, relocation taxes

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