New Professionals’ Most Frequently Asked Tax and Legal Questions 

(For Professionals New to the Mobility Industry)
More detailed information on these topics and more is available through Tax & Legal MasterSource.

“Top 10” Tax Questions
Prepared by Worldwide ERC® Tax Counsel, Peter K. Scott
Peter K. Scott Associates
Current as of October, 2010

Payroll and Withholding Issues
Q1.  How are relocation reimbursements and payments taxed?
Q2.  Please explain “gross-up” and how it is calculated

Moving Expenses
Q3.  What moving expenses are deductible, and what are the rules for doing so?

Home Purchase Programs
Q4.  What is a “Home Purchase Program,” and how is it taxed?
Q5.  What kinds of home purchase programs are used, and how does IRS treat them?
Q6.  Are costs and losses on home purchase programs deductible by the employer?
Q7.  Is gain on sale of the home taxable to the transferee?

Loans
Q8.  Can companies make no-interest relocation loans to employees?

Temporary Assignments
Q9.  Are expense reimbursements for short-term assignments taxable to employees?

Payback Agreements
Q10.  What is a “payback” or “repayment” agreement?

“Top 10” Legal Questions
Prepared by Worldwide ERC® General Counsel, Richard H. Mansfield
Mansfield & Associates
Current as of October, 2010

Overview
Q1. As an overview, what areas of law are important for the mobility professional to be aware of?

Privacy
Q2. What are the privacy laws which apply to financial data collected during a relocation?

Real Estate Settlement Procedures Act (RESPA)
Q3. What is RESPA and why is it important?
Q4. Are there any exceptions to the RESPA requirements?
Q5. What are the anti-kickback prohibitions found in RESPA?

Pre-decision Counseling Programs
Q6. Are there any legal issues to watch for in pre-decision counseling programs (PDC)?

Real Property Condition Disclosure
Q7. Home sale programs involve two distinct sales. What do I need to know about the process?
Q8. What types of defects need to be disclosed to prospective buyers?
Q9.  Does the property disclosure requirement vary with the type of home sale program?

Government Contracts
Q10. How are relocation services sold to the federal government? 

Miscellaneous Issues
Q11. Are there any laws affecting guerrilla marketing of relocation services through social media?