The Internal Revenue Service has ruled that relocation expenses incurred in 2017 and reimbursed in 2018 are not taxable. Prior to this ruling, employers had been treating such reimbursements as taxable income for transferees. As a result, employers had been withholding federal taxes on that income.
How did this tax issue arise?
The issue arose as a result of the 2017 Tax Cuts and Jobs Act. The Act suspended the exclusion from income for qualified moving expenses paid or reimbursed by an employer. However, many moves actually occurred in 2017 with final accounting and reimbursement occurring in 2018. As a result, several transferees do not have clarity regarding their 2018 tax obligations.
What does the IRS rule state?
Notice 2018-75 provides that amounts reimbursed for 2017 moves are not taxable even if they are paid or reimbursed in 2018. Employers that have included relocation expenses in individual’s wages or compensation may use the adjustment process under Section 6413 or the refund claim process under Section 6402. These processes allow the employer to correct the overpayment of federal employment taxes.
What does this mean?
Transferees with a qualified 2017 move will not owe taxes on any amounts paid for or reimbursed by their employer in 2018. Qualified moves include those that are work-related, and for which relocation expenses would have been deductible if the employee had paid them in 2017. Also, the employee must not have already claimed these expenses as deductions in 2017.
What should employers do?
Employers who have been withholding federal taxes on such amounts should process adjustments for these overpayments. Employers should not include reimbursements and amounts paid for qualified 2017 moves and relocation expenses as income for the affected employees.
Conclusion
GMS’ team of corporate relocation experts has helped thousands of our clients understand how to respond to the impact of changing tax and other regulations. Our team can help your company understand how best to proceed with this new IRS ruling. We can help your company understand how it relates to employee income, federal tax withholding, and moving expense reimbursements.
Contact our experts online to discuss your company’s relocation program needs, or give us a call at 800.617.1904 or 480.922.0700 today.
GMS is sharing public knowledge and can help companies more clearly understand the law regarding relocation expenses. However, GMS is not a CPA firm and is not giving tax advice. Everyone’s tax situation is different; individuals and employers should consult their tax advisors prior to making any decisions.
Global Mobility Solutions
Customers choose Global Mobility Solutions’ business model because it is rooted in providing our clients and their transferees the freedom of choice. This means our clients are given the choice to work with “the best of the best” service providers in any market around the globe. GMS is able to offer this unique model in the industry because unlike most relocation companies, we are not owned by or affiliated with any one real estate, household goods, or any 3rd party service provider. GMS has been able to build strong relationships with top providers all over the world who act as an extension of GMS. Our worldwide network of partners allow us flexibility while providing our clients with a real-time, on-the ground consultant to assist with the day to day needs of the individual and family moving.
