Tax Assistance and Your Global Mobility Tax Program

Find the updated version of this article here!

In December 2017, the U.S. government passed legislation that directly impacts taxpayers. Under the new law, known as the Tax Cuts and Jobs Act, taxpayers will be unable to claim certain deductions, including job-related moving expenses.

relocation expenses taxable to employee, tax gross-up, global mobility tax

Job-related moving expenses now taxable

In accordance with the new legislation, taxpayers must treat any direct payment or reimbursement of moving expenses received from their employer for job-related moving expenses as taxable income. Previously, employees only needed to pass the time and distance test (criteria 50-miles, 39-weeks, and 1 year) to be qualified to deduct moving expenses related to household goods moves, storage, and final moving expenses. Alternatively, an employee paying their own moving expenses could deduct those moving expenses, even if they didn’t itemize.

Under the Tax Cuts and Jobs Act, all moving expenditures will be taxed accordingly, at least until 2025. However, active-duty military members may still deduct moving expenses.

For employers like you, this can have a significant impact because it could be a deterrent to attracting new talent, or current employees may be less inclined to take a promotion that involves moving. One possible solution you can consider is to offer tax assistance.

What is tax assistance?

Tax assistance, often called gross-up assistance, is an approach where an employer “grosses up” an employee’s taxable relocation benefits. This is done to alleviate some tax burden on a portion of the employee’s income. However, there are some benefits and drawbacks with this approach, and it’s important to consider the impact.

Pros and cons of tax assistance

When considering whether to implement tax gross-up, you should carefully examine the advantages and disadvantages.

Pros of offering tax assistance

  • Helps your relocation program remain competitive.
  • Enables you to attract and retain top talent.
  • Alleviates some tax burdens placed on employees.

Drawbacks associated with tax assistance

  • Increasing an employee’s taxable income can change their tax bracket, which may increase the employee’s tax rate and phase out certain tax credits.
  • Increases company relocation expenses.

If your company decides to take the tax assistance approach, it is essential your employees are educated on what gross-up is and how it impacts their taxable income. Relocation management companies can help by explaining how tax assistance works to your staff. RMCs can also manage everything, including ensuring tax assistance is correctly calculated and implemented.

At WHR Global, we are committed to helping our clients hire top talent as well as helping their employees feel comfortable in their new location. We can help your company modify its relocation plans to adjust to the new tax law. We’ll also help you find the best solutions to help alleviate the potential tax burdens associated with moving and relocation for your employees.

For more information on how WHR Global can assist and explain how to incorporate tax assistance, give us a call at +1-800-523-3318 or email [email protected].

How to Have a Successful Implementation

Choosing to outsource your employee relocation program is a considerable but necessary task to remain competitive in your search for top talent. For employers that have already selected a relocation supplier, the most important step in your relationship now begins: Implementation.

Implementation consists of developing or sharing your existing relocation policies with your supplier, customizing the supplier’s technology to match these policies, process-mapping workflows, determining invoicing and expense requirements, and everything else that gets your relocation program up and running.

For any relocation supplier, the fundamental role and purpose of a formal implementation process is to ensure the guidelines and controls are in place to provide your employees consistent and top-quality relocation services while meeting your performance standards.

Implementing a New Relocation Management Company

In a typical implementation for relocation services, the supplier collects all necessary information on your current relocation process to understand the following:

  • A process map of the current state of your relocation program
  • The need for policy creation and benchmarking against your competitors
  • Exceptions that might occur when your policies don’t always match employee needs
  • Identification of expenses paid and the delivery method
  • Integrating payroll system(s) and confirming tax gross-ups provided to your employees
  • Confirmation of any third-party contracts, partnerships, processes, and spend for companies such as real estate brokerages, van lines, and international service providers working directly with your employees

Implementation Plan

A good rule of thumb to implement relocation services is to break the process into more manageable phases. At WHR Group, we break the implementation process into six different phases for our new clients:

  1. Start-Up: Schedule an on-site meeting, complete all contracts, and prepare a formal implementation guide based on your policy and contract terms.
  2. Transition: Finalize implementation schedule with start/finish dates, and establish the process for relocations already in progress with a corresponding schedule.
  3. First Steps: Draft process flows for all services, and identify deliverables for any preferred third-parties.
  4. Payroll: Outline the invoice, payroll, and expense process with all deliverables.
  5. Technology: Ensure relocation supplier’s IT staff will update company technology with your policy specifics plus financial requirements.
  6. Training: Supplier to conduct internal training on your policy and procedures, schedule training with your relocation/admin team on using supplier’s technology, schedule an internal meeting to review process on exceptions to your policy, and ensure a fundamental understanding of your culture and needs with each supplier staff member on your account.

Relocations in Progress

If you already have a relocation supplier but are transitioning your program to a new supplier, make sure this new supplier has a plan in place for employees already in the midst of their relocations.

This transition plan might look similar to WHR Group’s, which ensures the least disruptive process as possible for all relocating employees:

  • Homeowners: These relocations should remain with the current supplier through the home sale process.
  • Non-homeowners or Renters: These relocations should remain with the current supplier, unless they are on hold and can be easily transitioned to the new supplier.
  • Expense Process: If possible, these files should be completed with the current supplier through cut-off at year-end (or your fiscal year) to avoid confusion with two different teams calculating tax and providing reports.
  • Transportation: For household goods moves in progress, the employee will most likely complete this phase with the current supplier. For moves that have not yet started, transportation services can be transitioned to the new supplier based on status and timing of other relocation services for each employee.

Typical Implementation Timeline

Depending on the size of your relocation program, the typical implementation process is 4 weeks. This encompasses the full process, from the first on-site meeting to “go live”.

This timeline is, of course, dependent upon many factors—specifically the availability and access to your key shareholders. The relocation supplier should coordinate your timeline to include specific meetings with the appropriate people for their input into all relocation processes. These meetings can vary dependent upon the scope, complexity, and size of your relocation program, but the impact to your schedule should be nominal if planned appropriately by your relocation supplier.

The full implementation plan with your relocation supplier might look like this:

Implemenation Plan for Success

Week 1

Key Personnel
Client Stakeholders • Client Services Manager • Director of Operations • Accounting

Key Tasks
-Initial Meeting with Day-to-Day Personnel
-Review Implementation Timeline
-Discuss Client Culture, Policy, and Exceptions
-Discuss Invoicing, AP, AR, Payroll, and Exceptions
-Discuss Policy, Process Flow, Survey Recommendations, and Reporting Needs

Week 2

Key Personnel
Client Stakeholders • Client Services Manager • Director of Operations • Accounting • IT

Key Tasks
-Identify Files in Process for Transistion
-IT Discussions/Integration Needs
-Follow-Up Discussion: AP, AR, Payroll-Process Approvals

Week 3

Key Personnel
Client Stakeholders • Client Services Manager • Director of Operations • IT

Key Tasks
-System Training (Client Team)
-Portals and Apps Approved

Week 4

Key Personnel
Client Stakeholders • Client Services Manager • Director of Operations • IT

Key Tasks
-System Training Completed
-Review File Transition
-Reports Approved and Final Systems Test
-Go Live!

The implementation timeline can be adjusted based on your company’s needs. In special circumstances—such as an underperforming existing supplier—WHR Group has implemented new clients in 1 – 2 weeks.

Implementation Fees

Relocation suppliers should not typically charge fees related to implementing your program or setting up technology.

The supplier’s goal is to limit takeover expenses. However, based on services transitioned and your employees’ progress in their relocations, a service fee may be applicable. Make sure to review these with your new supplier early in the implementation process, as full-service fees might not be applicable.

The Importance of International Tax Assistance

Global compensation management and tax compliance can both significantly impact an employee when relocating across country borders. Regardless of whether the relocation is permanent or simply a short-term assign­ment, all relocation-related expenses will likely raise tax issues in both departure and destination countries.

This is why it is critical that the potential tax exposure from relocation reimbursements be monitored so that accurate tax returns can be filed in both the old and new country locations.

U.S. Employees’ Unique Tax Obligation

U.S. citizens are required to file taxes on their global income regardless of where it was earned and in addition to the tax fil­ings required in the country of assignment. When an employee transfers out of the U.S., they must still file a U.S. Federal Income tax return. However, the U.S. does provide a foreign tax credit that can be applied to the employee’s return, which means the amount owed in the U.S. could be nothing or a neg­ligible amount, but they are still required to file.

The Importance of Tax Equalization

It is strongly suggested that you provide tax equalization for employees relocating inter­nationally. This allows your employee to pay taxes as they would in their original country, with you covering the difference. This benefit is becoming more common because it taxes people at the same amount had they never taken an assignment. You would then cover the cost of the host location tax and any ad­ditional U.S. obligation that may be incurred.

For example, let’s say you are moving an employee from the U.S. to Italy. The employ­ee has a $28,000 income tax liability to Italy, but their U.S. liability would only be $25,000. You would then pay the additional $3,000 to the Italian tax authorities on your employee’s behalf.

**It is essential that the employee remain tax compliant while on assignment or after a permanent transfer. Failure to report income accurately makes the employee liable; however, if the company does not provide any support or assistance, then you run the risk of being seen as complicit as well.

How WHR Group Can Help

WHR Group provides a complete framework for tracking all expenses associated with an employee’s assignment or permanent trans­fer across borders. The data is collected and broken down into what was paid and which country the payments originated from. All of this information is then provided to a local tax expert in the relevant countries so that the appropriate tax filings can be completed. This process ensures that the employee has filed taxes in the correct countries and that the taxable relocation expenses have been considered as well.

This Service Can Make or Break a Relocation

Dual-Career Assistance: The one service that can make or break a relocation

When planning your global relocation program, you need to consider the relocating spouse/partner’s situation as well.

<img alt="dual career assistance">,<img alt="WHR Group">,<img alt="employee relocation company">

More often than not, the employee’s spouse/partner has their own career, so moving to a new location means they most likely have to leave that career behind, along with the family’s secondary income.

More on Dual-Career Assistance

Understandably, the impact of relocation on the career of a spouse/partner can be a major hurdle. WHR Group offers third-par­ty programs that can help address this important concern and provide support services, such as assisting with career/résumé counseling and offering access to local networking groups.

Dual-Career Assistance helps relocating families better adjust to a new loca­tion as a whole. Common benefits for a spouse/partner receiving this service include:

  • Pre-assignment counseling
  • Finding networking opportunities
  • Résumé preparation
  • Interview skill assessment
  • One-on-one coaching
  • Acquiring work permits
  • Job search assistance

Why is Dual-Career Assistance important?

The employee’s spouse/partner should be aware of existing obstacles to finding employment and maintaining a career after relocating. They also need to under­stand the many personal, professional, and financial implications that the reloca­tion might pose, especially if moving to a different country.

However, providing Dual-Career Assistance as part of your global relocation program can be the deciding factor on whether or not your employee will accept the re­location opportunity. Not only does this service minimize any financial risk to the relocating family, it also allows the spouse/partner to feel just as included and purposeful as the relocating employ­ee and avoid the struggle of finding work in their new surroundings.

Relocation Home Sale Benefits

There are benefits to a real estate sale during a relocation. The process begins with the sale of the home. When it comes to selling a home as part of an employee relocation, corporate buyouts come in two main varieties:

  1. An appraisal
  2. An outside offer

There are other types of relocation-specific home sales, such as direct reimbursement of expenses, but these open the employee up to unnecessary taxation.

relocation benefits

More on Buyouts

A guaranteed buyout (GBO) is based on the value of two appraisals, which average a guaranteed offer to buy a relocating employee’s home. A second type of buyout, a buyer value option (BVO), offers a buyout based on an outside buyer’s offer.

In both cases, the employer would take over the financial responsibility and (sometimes) title until closing with a buyer. This allows the employee to move on to his or her new location with less of a burden and to escape taxation. This happens because the money relating to the home sale never actually passes through the employee’s hands. A real estate relocation specialist can help understand these types of offers.

Additional Home Sale Bonuses

In addition to a buyout, employers often offer add-on benefits, such as loss on sale (LOS) protection or a sale bonus. Both LOS and a sale bonus can be engineered to incentivize a home sale. The former by reducing any negative impact of a sale and the latter by “sweetening” the deal if the sale happens in a timely manner.

These benefits are not tax protected. Employees may incur a tax on these benefits if the employer does not elect to “gross up” the incentive.

Home Sale Bonus Trends

A consideration for both additional home sale benefits is the employee’s status within the company. It is not uncommon for these relocation house sale benefits to only be offered to existing employees and those in higher tiers. New hires may fall into a different policy tier altogether.

Based on our benchmarking data, the average percentage of offering relocation home sale benefits is 67.5%. A breakdown of these benefit offerings by industry is detailed below.

  • Homesale Benefit – Manufacturing Industry 33% 33%
  • Homesale Benefit – Pharmaceutical Industry 91% 91%
  • Homesale Benefit – Restaurant & Quick-Service Chains 50% 50%
  • Homesale Benefit – Insurance Industry 100% 100%
  • Homesale Benefit – Food & Beverage Manufacturing 56% 56%

Sale Bonus

In general, employers are more prone to offer a sale bonus when a GBO is involved, since there is more risk of the home not selling. This bonus is often based on the sale price (1 – 5% being the most common), but some companies will offer a flat rate instead of a percentage.

Since some employers also require a mandatory listing period before accepting a GBO, it is common to see the bonus amount decrease over this time, starting at its highest amount before the appraisals are ordered or concluded (e.g. a 4% sale bonus before appraisals, 3% within 30 days of appraisals, 2% within 60 days, and 1% within 90 days).

It is common to see the bonus expire when the buyout expires.

Loss on Sale Protection

Homes bought during the peak of the housing bubble suffered losses in many markets over the past decade. But with the housing market strengthening and stabilizing, there are fewer losses today. To counteract any possible losses during a relocation home sale, the LOS benefit comes in many shapes and sizes.

Traditionally, loss is calculated based on the amount paid for the home and does not include capital improvements. Once the loss is determined (sale price minus purchase price), employers have two choices:

  1. Cover all of it (often up to a capped amount)
  2. Cover a portion of it.

As a further breakdown, some companies offer to cover 50 – 75% of the loss, and the employee must cover the remainder. Often, we see employees pay 100% of the loss but only up to a capped amount (e.g. anywhere from $20,000 – 50,000). If the loss is greater than this cap, the employee can either pay the difference and continue to market and sell the home, or decide against selling the home entirely. Our research has shown caps up to $150,000, but amounts this high are uncommon.

On average, 49.5% of companies offer LOS benefits. A breakdown by industry is detailed below.

  • LOS Benefit – Manufacturing Industry 17.5% 17.5%
  • LOS Benefit – Pharmaceutical Industry 91% 91%
  • LOS Benefit – Restaurant & Quick-Service Chains 12.5% 12.5%
  • LOS Benefit – Insurance Industry 62% 62%
  • LOS Benefit – Food & Beverage Manufacturing 56% 56%

WHR Group can help with LOS benefits and a home sale bonus. We can help structure per tier to meet your organization’s unique needs. Insulating the business from unnecessary risk is important. Real estate and home relocation services can be tricky to navigate. Our 20 years of relocation service expertise will guide you to the right policy for your organization.