This document discusses common mistakes made in gross-up analysis for employee transfers and relocations. It provides examples of situations where using annualized salaries versus year-to-date earnings, itemized deductions versus standard deductions, and other factors could result in over- or under-grossing employees. It recommends breaking out homeowners from renters, using a third-party home sale program, and only grossing up for qualified relocation expenses to improve accuracy.
4. 1. Watch withholdings – adjust W-4 if necessary.
2. Complete new work state W-4 and give to payroll as soon as
working in new state.
3. Local income tax?
4. Greater chance for underwithholding penalties the year
after the move. Safe harbor rules:
• owe less than $1,000.
• pay 90% of tax liability during year.
• pay 100% of previous year’s tax liability in withholdings
and estimated payments during year (if previous year’s
AGI exceeds $150,000 / $75,000 if MFS, then 110%).
• previous year’s tax liability is $0 and tax year was twelve
months.
6. 5. Warn transferees if running a year-end delta with negative
adjustments.
6. Tell transferees to save receipts for transit costs and final
move expenses that aren’t reimbursed. Might be able to take
deduction on the 3903, even if given lump sum to cover such
costs.
7. Transferees can take deduction for transit costs and final
move expenses that aren’t reimbursed regardless if they are
non-itemizers.
8. Form 3903 required if W-2 Box 12-P has dollar amount.
9. Transferees should not take double deduction for transit costs
and final move expenses appearing on the W-2 Box 12-P.
7. $10,000 van line – reimbursed directly to vendor
$1,000 FM airfare – reimbursed to employee (W-2 box 12-P)
$100 tip to movers – not reimbursed
8. 10. Alert transferees to year-end cutoff date for
submitting expenses.
11. Deductible final move expenses are available for
those that live in both the old home and new home,
including those in college and excluding tenants and
employees.
12. The balance of non-amortized points on a refinanced
loan can be taken as deduction.
13. Warn of late-year deductibles – extra dollars saved
this year might go back to IRS next year.
9. • 11/30/13 Expense cutoff
• 12/15/13 Close on home, $6,000 points
• Won’t show on W-2 this year but company
reimburses employee
• This year’s tax return: $6,000 deduction -
$2,000 tax savings
• Next year’s tax return: $6,000 included in
taxable earnings on W-2, no Federal
withholding to cover the taxes, no deduction
available – will pay $2,000 more in taxes
10. 1. Part year and non-resident state returns prepared
incorrectly.
2. Preparer is unfamiliar with the company’s gross-up
policy. Some taxable expenses might not be grossed
up.
3. Spousal and outside income might not be part of the
company’s gross-up policy.
4. New residence points are incorrectly deducted on
the “without move” side.
5. Form 3903 prepared incorrectly.
11. If the number in Box 12-P is not carried to line 4 of the 3903:
12. 6. State and local gross-ups are incorrectly
deducted on the “without move” side.
7. AMT Tax and its complexity during audits.
8. Many other areas (ie credit and deduction
phaseouts) not typically grossed up at year-
end. The company may/may not decide to
include as part of audit.
9. Failure to recapture any excess FICA tax
withheld.
13. If the individual worked only for one company:
$160,000 earnings, FICA w/h = $113,700 x 6.2% = $7,049.40
If the individual worked for two companies during the year:
1/1-6/30: $80,000 earnings, FICA w/h = $80k x 6.2% = $4,960
7/1-12/31: $80,000 earnings, FICA w/h = $80k x 6.2% = $4,960
Excess is deducted on line 69 of 1040:
FICA paid ($4,960 + $4,960) – Max ($7,049.40) = $2,870.60
14. 1. Use flat tax rate vs. using tax tables.
2. Gross up for to-state vs. from state vs. both
states.
3. Gross up for Soc. Sec. tax.
4. Gross up for Medicare tax.
5. Gross up for Local tax.
6. Gross up for any loss of the child tax
credit. (Recommendation: do not gross up at
year-end)
15. Transferee has $100,000 salary, 2 children under 17,
taxable relo of $40,000:
• Without move, estimate $2,000 credit
• With move, only getting $500 credit
• If grossing up, then $1,500 + $800 gross-up = $2,300
If spousal/outside income was $50,000:
• Without move, $150,000 AGI = no credit
If policy set to gross up, then company provided $2,300
more in gross-up than what was deserved.
16. Transferee has $70,000 salary, 2 children under 17, taxable
relo of $40,000:
• Without move, estimate $2,000 credit
• With move, estimate $2,000 credit
• $0 of additional gross-up
If spousal/outside income was $50,000:
• Without move, $120,000 AGI = $1,500 credit
• With move, $160,000 AGI = $0 credit
If policy set to gross up, then company provided $1,500 +
too little in gross-up.
17. 7. Include FICA gross-up in the Federal
gross-up calculation. (circular logic)
8. Gross up for any loss of itemized
deductions/exemptions.
9. Annualized salaries vs. YTD earnings
for Federal wages. (Recommendation:
use YTD earnings for college new hires and
use annualized salaries for experienced new
hires)
18. New hire, single, no previous earnings during year,
annual salary of $60,000, hired on 11/1:
• Using annualized salary ($60,000), Federal gross-
up will be calculated at 25%.
• Using YTD earnings, Federal gross-up will be
based on $10,000 of AGI with gross-up calculated
at 10%.
In reality, $10,000 is closer to actual AGI and 10%
rate would give the better calculation.
19. New hire, single, $50,000 in previous earnings during
year (1/1-10/31), annual salary of $60,000 with new
company, hired on 11/1:
• Using annualized salary ($60,000), Federal gross-
up will be calculated at 25%.
• Using YTD earnings, Federal gross-up will be
based on $10,000 of AGI with gross-up calculated
at 10%.
In reality, $60,000 is closer to actual AGI and 25%
rate would give the better calculation.
20. 10. Use sales tax deduction tables.
11. Gross up for unqualified moves.
12. Use itemized deduction tables vs. flat
percentage.
13. Look at homeowners vs. renters.
(itemizers vs. non-itemizers)
(Recommendation: break out homeowners
from renters)
21. If using standard deduction for all:
Transferee has $100,000 salary, single:
• Deduction would be $6,100 (+$3,900 exemption) –
taxable income is $90,000 – tax bracket is 28%.
• If actually a homeowner (itemizer), the average
deduction is about $20,000 (+$3,900 exemption) –
taxable income is $76,100 – tax bracket is 25%.
Will likely over gross up many, especially
homeowners (itemizers).
22. If using itemized deduction estimate for all:
Transferee has $100,000 salary, single:
• The average deduction is about $20,000 (+$3,900
exemption) – taxable income is $76,100 – tax
bracket is 25%.
• If actually a renter (non-itemizer), the standard
deduction is $6,100 (+$3,900 exemption) – taxable
income is $90,000 – tax bracket is 28%.
Will likely under gross up many, especially renters
(non-itemizers).
23. 14. Gross up for MEA.
15. Gross up for loss on sales.
16. Gross up for COLA or MIDA.
17. Gross up for home sale bonus.
18. Follow a third party home sale program.
(Recommendation: yes! – big savings on gross-
ups)
19. Gross up for any taxable expense. (The
average gross-up is 58-60% of expense amount)
25. Thank You!
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Editor's Notes
2. Withholding is typically required in the work state starting with day one.3. Maryland (county tax), Ohio and Pennsylvania have widespread local income taxes, and some other cities in various states.4. The year after the move, as compared to the year of the move, underwithholding penalties are more of a concern. GO TO EXAMPLE ON NEXT SCREEN!!!!
Some are careful with w-4 #s - warning at least eliminates the surprise. For example, many companies don’t reimburse for tips to movers, boxes, tape, moving additional cars or boats,… Itemizing / non-itemizing refers to Schedule A - nothing to do with moving expenses and 3903.-See example on next page
Point out what not to do & the consequences: Company should not report van line bill in box 12-p – if they did and employee follows wording on 3903 & 1040 forms, employee may potentially be adding the transit bill to taxable income. Employee should not show the transit bill anywhere on 3903 or may incorrectly take double deduction (taking deduction for something the company reimbursed vendor for).Employee should not take deduction on airfare – already taken by being excluded from income.And again, employee should save receipts or make a note if a tip if company doesn’t reimburse – take as a deduction by entering on lines 1 & 2.
10. –11. - New homes – take point deduction in year paid. When refinance, deduction for points is spread out over the course of the loan – if sell the home, then the balance can be taken as deduction in the year the home is sold.see example on next page
AFTER GOING THRU EXAMPLE: In other words, any transferee that falls into this scenario should be warned that he/she will likely receive more in a tax refund this year, but should save that money as it will be owed back when filing the following year’s tax return.
Prepared incorrectly, or wrong form completed.Just because a reimbursement is part of taxable earnings does not necessarily mean that the company grosses up for it. For example, some companies do not gross up for miscellaneous allowances or loss on sales. - - For preparers who rarely handle returns for transferees, the 3903 may be unfamiliar. The amount showing in box 12 preceded by the letter P should be carried to the 3903 form on line 4. Occasionally accountants fail to report this amount, or fail to complete the form at all. Also, no double deduction should be taken for this amount.Next page: 3909 with incorrect amount
$100 – tip to movers (not reimbursed)$1,000 – airfare (reimbursed) – box 12P amountIf preparer fails to carry the box 12P amount to line 4, or if payroll fails to report $1,000 in box 12-P, the transferee will incorrectly take an additional $1,000 deduction.
6. Similar to points7. Very complex – may incorrectly analyze without move side.8. (most of these areas were talking about yesterday morning)9. Tax preparers occasionally fail to recapture any excess FICA taxes withheld, typically in cases where an individual has worked for two or more companies during a calendar year. See example…
After going thru example…. Not as big an issue with gross-up audits although sometimes preparers fail to take this credit and, as a result, pay too much in taxes… or think relocation caused too much in taxes. In this example, preparer might think tax liability was $2,870.60 too much without taking the credit.
- (could affect gross-ups by a few thousand dollars) most do just the to-state most do up to cutoff (cost $1,000 or so per move) most do (cost a few hundred per move) most do – Maryland, Ohio, and Pennsylvania are the major states for locals – and several other cities such as Philadelphia, NY City residents, Wilmington DE,… (cost a couple hundred for those with locals) Go to example…
May have given similar example yesterday – so might not want to go over too much.NEXT PAGE – ANOTHER EXAMPLE OF UNDER GROSSING UP.
Circular logic – quick way to save bucks at year-end (about $400 per move) As compared to last year, could save $275 or so per move. Make sure software has the update! Go to example…
After example… “so using ytd earnings for college new hires makes sense”
“so for experienced new hires, go with annual salary”
10. Mainly affect transferees who itemize deduction in states with no earned income tax (AK, FL, NV, NH, SD, TN, TX, WA, WY) – will lower taxable income and also lower gross-ups11. (Several thousand per move - grossing up for transit costs and final move expenses)12. Itemized deduction tables = more accurate gross-ups. (if available in relo software program)13. Yes – more accurate gross-ups - Go to example to explain why…
Roughly several thousand depending on the MEA amount.Could be several thousand, or tens of thousands in some cases - especially with the housing market as it is today. Several thousand. Few thousand. All should use – without, most are taxable expenses – with, most are business – save several thousand in gross-up. -Overall, it is usually best to not over gross-up. Better to under than over grossup. Those who are over grossed up will not complain and will cost company lots of money. Those who are under grossed up can always come back for a gross-up audit.
If have time, proceed to IRS Rulings document – specifically:PG1 – Repayments – discussed before.PG1 – College interns.Lots or rulings related to homesale.PG2 – Advances (30/60/120): 30 days – give an advance within 30 days of the expense. 60 days – adequately account for expenses within 60 days of when incurred or paid. 120 days – return any excess reimbursement within 120 days after expense was incurred or paid.PG4 – Federal Travel Regulations – can use tables rather than reimburse receipted amounts.PG6 – Income Taxes & Withholdings – “generally, assume taxable unless otherwise noted”, not the other way around.