FSD 16 - Assistance for a Principal Residence

Scope

Introduction

The employer's policy is to make employees more mobile by helping them with expenses related to the acquisition, management and disposal of a principal residence in the headquarters city.

The employer is prepared to assist with the following costs related to a principal residence, as outlined in this directive:

1. expenses/costs associated with permanent accommodation resulting from relocation;
2. a waiver of shelter cost where an employee is subject to dual accommodation/shelter costs while on posting abroad;
3. costs associated with the sale and/or purchase of a principal residence.

Definitions

Note: This definition only applies to this directive.

Headquarters city (ville du bureau principal) means the employee's normal place of duty in Canada as determined by the deputy head when the employee is assigned to duty outside Canada. It includes any area which, according to local custom, is within commuting distance of the place of duty.

For career foreign service employees, the headquarters city is Ottawa-Gatineau.

For foreign assignment employees, the headquarters city is normally the employee's previous place of duty in Canada prior to assignment to a post. However, when it is known at the time of the foreign assignment that the employee will not be returning to the former place of duty, the deputy head may establish another city as the headquarters city for purposes of this directive, e.g. the Canadian city to which the employee will be returning on completion of the assignment, or Ottawa-Gatineau where this was not the employee's normal place of duty in Canada prior to the assignment.

Directive

16.1 Application

16.1.1 Unless otherwise indicated, the provisions of this directive apply to both career foreign service employees (rotational) and to foreign assignment employees (non-rotational).

16.1.2 Employees may claim reimbursement under this directive for costs and expenses incurred only while they are employed as career foreign service employees or as foreign assignment employees.

16.1.3 Unless otherwise indicated, the provisions of this directive apply only in conjunction with a purchase and/or sale of a principal residence as defined in FSD 2 – Definitions for which real estate and/or legal fees are reimbursed under this directive.

16.1.4 Employees should also be aware that when the employer does not reimburse costs/expenses of sale/purchase related to relocation, these costs may be tax deductible when filing an income tax return for the calendar year in which the expenditure was incurred.

16.2 Employee as Tenant

16.2.1 An employee who engages the services of a rental agency to find rental accommodation on relocation may be reimbursed the actual and reasonable fee charged by that agency.

16.2.2 Where the deputy head is satisfied that the arrangement was reasonable and justifiable under the circumstances, an employee who is authorized to relocate and who must pay rent before reporting for duty in order to hold rental accommodation may be reimbursed:

1. up to one month's rent at the new place of duty in Canada; and/or
2. up to three months' rent at the new place of duty outside Canada.

16.2.3 An employee who is authorized to relocate and must as a result terminate the lease agreement for the rented principal residence may be reimbursed the actual expenses incurred to fulfill the terms of the lease. The employee will be required to provide satisfactory proof of the need to terminate the lease and of the inability to effect a less costly arrangement.

Employee as Homeowner

16.3 Employee Renting out Principal Residence

16.3.1 Where, following confirmation of posting, an employee engages the services of a commercial real estate/property management firm to find a tenant for the principal residence and consequently pays a finder’s fee, the deputy head may waive the payment of one month's shelter cost or fraction thereof, upon presentation of documentation. This provision may only be applied twice during the assignment, including any extensions.

16.3.2 This waiver shall be limited to a one-month maximum for each finder's fee, to locate a first and/or a subsequent tenant, regardless of the duration of the lease.

16.3.3 An employee who has a lease agreement with the tenant of the principal residence in the headquarters city may be reimbursed for actual and reasonable expenses incurred in:

1. terminating the lease agreement, where the employer decides to reassign the employee to the headquarters city prior to the date of completion of posting shown on the Posting Confirmation Form, and the employee wants to reoccupy the principal residence during the stated term of the lease but is unable to do so; or
2. terminating the lease agreement, where the employer provides short notice of confirmation of reassignment to the headquarters city on completion of posting and as a result the employee cannot give the required period of notice to the tenant, in accordance with the law of the province of residence.

16.3.4 In authorizing reimbursement of expenses for breaking a tenant's lease under paragraph 16.3.3(a), the deputy head shall ensure that such expenses are cost-effective relative to alternative accommodation arrangements.

16.3.5 Subsection 16.3.3 is not intended as compensation for expenses incurred as a result of the employee's personal choice to return to the headquarters city, but rather for expenses incurred as a result of a decision originating with the employer to reassign the employee to the headquarters city for program-related reasons, including health.

16.4 Principal Residence Vacant During Posting

16.4.1 Following confirmation of assignment to a post and again on cross-posting, the deputy head may waive the payment of shelter cost in dual-accommodation cost situations where the employee is subject to shelter cost at post and:

1. has home ownership costs but no rental income from a tenant because:
   1. as a result of short notice of posting by the employer, there has not been time to rent or sell the principal residence prior to leaving the headquarters city, and the residence is vacant; and/or
   2. at the employer's request, the employee agrees, on short notice, to a cross-posting or a posting extension and as a consequence the principal residence is vacant; and/or
   3. through no fault or choice of the employee, during the posting the tenant vacates the principal residence which remains vacant while a new tenant is located. This subparagraph is not designed for periods of less than one month that occur immediately prior to the employee's final departure from a post; or
2. is receiving a rental income from a principal residence but has paid a real estate or property management firm to locate a tenant as per subsection 16.3.1 and is also subject to shelter cost at post.

16.4.2 Waiver of shelter cost under subsections 16.3.1 and 16.4.1 is limited to the period during which the employee is subject to two sets of accommodation costs (dual-accommodation). It shall not normally exceed a total of nine months for each posting, including any posting extension.

16.4.3 Where, because of short notice given by the employer, an employee is in a "dual-accommodation cost" situation during the initial period of a posting or cross-posting, waiver of shelter cost shall not normally extend beyond the last day of the ninth month following the month in which the confirmation of posting or cross-posting is received.

16.4.4 Where subsection 16.3.1 applies, the employee may claim up to one month's waiver of shelter cost per finder's fee, within the maximum of nine months, notwithstanding that this waiver may be applied subsequent to the last day of the ninth month following the month in which confirmation of posting or cross-posting is received.

16.4.5 Exceptions to the nine-month limit will not normally be considered. However, a further maximum period of three months of assistance may be considered by the appropriate foreign service interdepartmental coordinating committee when it is not possible to rent the principal residence and it remains vacant:

1. when, during the initial period of posting or cross-posting, as a result of factors outside the employee's control such as a natural disaster or other calamity; and/or
2. as a result of an employee accepting an employer-requested posting extension.

16.4.6 Section 16.4 is not intended to provide financial assistance to an employee who chooses not to lease the principal residence in the headquarters city, nor to subsidize a loss of rental revenue/income resulting from circumstances such as placing a property on the market for sale or rent above the market value.

Purchase and Sale of Principal Residence

16.5 Employee-Couple

16.5.1 Only one employee of an employee-couple may claim under this directive unless:

1. each employee has already claimed real estate and legal/notary fees prior to becoming an employee-couple, in which case there is no entitlement; or
2. the employees were married following notification of posting, in which case:
   1. each eligible employee may claim real estate and legal/notary fees on the sale of a principal residence; and
   2. one eligible employee may claim legal/notary fees on the purchase of a principal residence.

16.5.2 In the case of divorce, each employee shall revert to single status and shall retain any unused entitlement to payment of real estate and legal/notary fees on the sale and/or purchase of a principal residence. Where real estate and/or legal/notary fees have been claimed by an employee-couple, the employee who made the claim has used the entitlement and may not make a subsequent claim.

16.6 Career Foreign Service Employee (Rotational)

16.6.1 These provisions apply to career foreign service employees commencing after official notification has been received of a first relocation from the headquarters city to a place of duty outside Canada and at any time thereafter during their career in the foreign service.

16.6.2 Career foreign service employees shall have the option, subject to sections 16.11 - Tax Implications and 16.18 - Sale and/or Purchase of a Principal Residence – Other Situations and to the limitations of this directive, of either of the following:

1. once during their career in the foreign service, of reimbursement of:
   1. the real estate fees (subsection 16.8.1) or the expenses for a private sale (section 16.9) and legal/notary fees involved in the sale of a principal residence in the headquarters city (subsections 16.8.2 and 16.8.3); and
   2. the legal/notary fees involved in the purchase of a principal residence in the headquarters city (subsections 16.8.2 and 16.8.3); or
2. twice during their career in the foreign service, the reimbursement of the legal/notary fees involved in the purchase of a principal residence in the headquarters city (subsections 16.8.2 and 16.8.3).

16.7 Foreign Assignment Employee (Non-Rotational)

16.7.1 A foreign assignment employee may claim, at the time of relocation between the headquarters city and post:

1. real estate and legal/notary fees on the sale of a principal residence in the headquarters city, at the time of a relocation from that city; and
2. legal/notary fees for the purchase of a principal residence in the headquarters city at the time of relocation to the headquarters city from a post, if the employee had sold a principal residence at the time of relocation from the headquarters city to the post.

16.7.2 This section shall apply again where seven years or more have elapsed between the foreign assignment employee's return to Canada and any future assignment abroad.

16.7.3 A foreign assignment employee who has not taken advantage of this directive and accepts an extension of a tour of duty or a cross-posting, may claim the provisions of paragraph 16.7.1(a) once the employee accepts the extension or cross-posting in writing.

16.7.4 Section 16.7 is subject to sections 16.11 - Tax Implications and 16.18 -Sale and/or Purchase of a Principal Residence – Other Situations.

16.8 Reimbursable Expenses

16.8.1 The real estate fee charged by a licensed real estate broker, including applicable taxes levied on the payment of such fee, shall be reimbursed, provided:

1. the residence which is sold is or has been occupied as the principal residence by the employee or a dependant as defined in FSD 2 - Definitions;
2. the residence is on a lot size not in excess of 1.235 acres (1/2 hectare), or where required by zoning laws, a lot size of not more than 4 acres (2.47 hectares); and
3. the fee charged by a real estate broker, including multiple listing services (MLS) is within the scale normally charged in the area. Premiums paid to real estate agents shall not be reimbursed.

16.8.2 Legal and/or notary fees (including applicable taxes levied on the payment of such fees) necessarily incurred to provide or obtain clear marketable title to the property, up to the tariff set by provincial bar associations, shall be reimbursed to an employee who makes a legal commitment to buy or sell a principal residence, provided:

1. the residence sold qualifies the employee for reimbursement of a real estate fee under subsection 16.8.1, and/or
2. the new residence purchased is to be occupied and owned by the employee or occupied by the employee and owned by a dependant residing in the employee's household.

16.8.3 Reimbursement of legal or notary fees for the purchase of a principal residence shall be made only after the employee has occupied the residence.

16.8.4 Expenses necessary to acquire or provide clear title to a property shall be reimbursed on presentation of proof of payment. Such expenses include title insurance, sheriff's fee, land transfer tax, transfer of deed and/or cost of a survey if required to confirm the description of the property purchased.

16.8.5 On presentation of proof of payment, employees shall be reimbursed the following:

1. fees charged by a qualified structural inspector for one structural inspection prior to purchase of a previously owned dwelling or of a new dwelling that is not covered under warranty at the time of possession. Reimbursement is limited to $300.00;
2. actual and reasonable fees charged by two certified professional appraisers for two appraisals of the residence to be sold.

16.9 Private Sale

16.9.1 Where the employee decides to sell the principal residence privately, the expenses incurred for an appraisal, for placing advertisement in local newspapers and for the purchase or production of "for sale" signs shall be reimbursed, in lieu of and not exceeding local real estate multiple-listing service (MLS) charges, on presentation of evidence of payment and proof that:

1. the residence has been sold;
2. the residence is or has been occupied as the principal residence by the employee or a dependant as defined in FSD 2 - Definitions;
3. the residence is on a lot size not in excess of 1.235 acres (1/2 hectare), or where required by zoning laws, a lot size of not more than 4 acres (2.47 hectares); and
4. the property has been advertised until sold (there may be brief interruptions).

16.10 Construction of New Principal Residence

16.10.1 An employee who constructs a principal residence shall be reimbursed those expenses related to the purchase of the land and the construction of the home that would have been reimbursed had a home been purchased.

16.11 Tax Implications

16.11.1 Canada Revenue Agency has ruled that the reimbursement by the employer of the costs of purchase and sale of an employee's principal residence is a taxable benefit. Exception is made when the sale or purchase of the residence is related to a relocation necessitated by employment, such as a posting, as follows:

1. reimbursement of eligible home sale expenses following notification of posting to a location outside Canada is exempt from taxation;
2. reimbursement of home purchase expenses is exempt from taxation when an employee returns to Canada from a posting and purchases a new principal residence to replace the one sold at the time of the last posting outside Canada.

16.11.2 Career foreign service (rotational) employees who buy/sell at times other than specified above will be reimbursed costs in accordance with the provisions of this directive. However, these will be treated as taxable benefits.

16.12 Mortgage and Associated Costs

16.12.1 The following expenses are reimbursable, on presentation of evidence of payment:

1. costs related to the termination and/or acquisition of a first mortgage for the employee's principal residence;
2. costs related to the termination or acquisition of a second mortgage for the principal residence, if there are no costs associated with the termination of a first mortgage on the sale of a principal residence, or with the acquisition of a first mortgage on the purchase of a principal residence;
3. when mortgage interest rates are high at mortgage lending institutions, and where the first mortgage in the new principal residence is a higher-interest mortgage than the previous first mortgage, the employee shall be reimbursed the difference in the interest charges between the two mortgages, based on the amount of the mortgage and the unexpired term of the previous mortgage, up to a maximum period of 5 years, and up to a maximum of $5,000. If the new mortgage principal is for a lesser amount than the previous mortgage principal, the lower mortgage principal will be used to calculate the differential. See Appendices A, B, C, D and E of this directive for examples;
4. mortgage default insurance premium and/or an insurance processing fee, if:
   1. the employee was previously a homeowner;
   2. the need for the insurance is verified (employee's equity is less than 25% of the cost of the house); and
   3. the premium is levied in one payment, except that if the equity in the former residence is not transferred fully to the new residence, any resulting increase in the premium (or the levying of the premium) shall not be reimbursed.

16.12.2 On presentation of proof of payment, an employee who qualifies for the reimbursement of real estate and legal/notary fees but who must pay a first mortgage repayment penalty upon termination of the first mortgage on the sale of a residence, shall be reimbursed the amount of the penalty payment in an amount not exceeding six months' mortgage interest.

16.12.3 The amount of reimbursement authorized under subsection 16.12.2 shall be adjusted to correspond to the relevant provisions of the NJC Relocation Directive as amended from time to time.

16.13 Inadmissible Expenses

16.13.1 Expenses related to financial arrangements resulting from the acquisition or disposal of a principal residence (e.g. mortgage finder's fees and adjustments on closing, such as municipal taxes) are not reimbursable, as they are not essential to establishing clear title to the property.

16.13.2 Applicable taxes on newly-built homes are not reimbursed

16.14 Bridge Financing

16.14.1 An employee who obtains a short-term personal loan to purchase a principal residence while the former principal residence remains unsold, shall be reimbursed:

1. the interest for the bridging loan at the current bank interest rate; and
2. the necessary legal/notary and administrative fees associated with the loan, excluding third-party fees charged which may be incurred in obtaining such a loan.

16.14.2 Where an employee is unable to obtain a short-term personal loan, the interest as well as the legal/notary and administrative costs will be reimbursed for a mortgage secured for the same purposes, provided that these costs do not exceed those associated with a short-term personal loan as described above.

16.14.3 The amount of the loan or mortgage on which interest is reimbursable shall not exceed the employee's equity in the unsold principal residence. Equity is based upon the difference between the appraised value and the existing mortgages on the principal residence.

16.14.4 Reimbursement shall cease within ten working days following the date the sale transaction is completed ("sold and closed" in real estate terms) or at the end of six months, whichever is the earlier. In unusual circumstance, the deputy head or a delegated senior officer may extend the reimbursement period for an additional six months.

16.14.5 Reimbursement shall be made only following submission of proof that the interest has been paid and shall be based on evidence of the amount of the loan or mortgage that was used to purchase a principal residence (e.g.: copy of the purchase and sale agreement). Assistance under this section is available once per career, in conjunction with either a purchase or a sale of a principal residence for which real estate and/or legal/notary fees are reimbursed under this directive.

16.14.6 Advances for reimbursable expenses should be issued only when needed. In acquiring a bridging loan, the employee should establish a line of credit and borrow, on an as-needed basis, up to the full amount required for the bridging loan. The Crown would then pay for interest only for the periods for which the amounts are actually required.

16.15 Co-Owned Properties

16.15.1 Where the principal residence is co-owned by a person who is not the employee's spouse, common-law partner, or dependant(s), only the expenses which are directly proportional to the employee and the spouse, common-law partner or dependant(s)’s portion of the property shall be reimbursed.

16.16 Large Properties

16.16.1 The reimbursement of expenses in this Directive is limited to a lot size not exceeding 1.235 acres/1/2 hectare, or where required by zoning laws, a lot size of not more than 4 acres/2.47 hectares. When an employee buys or sells land or acreage as a parcel with the principal residence, the employee shall only be reimbursed for that portion of the cost which results from the sale of the residence together with the lot size limitations as indicated above.

16.17 Income Properties

16.17.1 If the employee owns a multiple-unit residence building within which each unit is self-contained (e.g. a duplex or an apartment block), occupies one unit as a principal residence and sells the building, only those parts of the costs related to the unit used as a principal residence may be reimbursed. The relationship this unit bears to the entire building may be calculated on the floor area, or by any other method accepted under the Income Tax Act.

16.17.2 If the employee buys or sells an income-producing property (such as a small store or confectionery) in which the principal residence is or has been maintained, reimbursement shall be limited to that portion of the costs that the principal residence bears to the total.

16.18 Sale and/or Purchase of a Principal Residence – Other Situations

16.18.1 The employee may claim expenses pertaining to the sale and/or purchase of a principal residence at the time of relocation as outlined in this directive, as follows:

1. an employee who was assigned to a Canadian city other than the employee’s headquarters city for a period of three years or more, as confirmed by the official notification of assignment, and who is relocated to a post may claim expenses for the sale of their principal residence in that Canadian city at the time of relocation to the post only; or
2. an employee who was relocated from a Canadian city other than the employee’s headquarters city to a post and who is subsequently assigned from a post to a Canadian city other than the employee's headquarters city for a period of three years or more, as confirmed by the official notification of assignment, may claim expenses for the purchase of a principal residence at the time of relocation to that Canadian city provided the employee had sold their principal residence at the time of relocation to the post; or
3. an employee who was relocated from the employee’s headquarters city to a post and who is subsequently assigned from a post to a Canadian city other than the employee's headquarters city for a period of three years or more, as confirmed by the official notification of assignment, may claim expenses for the sale of their principal residence in the headquarters city following official notification of the assignment. The employee may also claim the expenses for the purchase of a principal residence in the other Canadian city provided their principal residence was sold at the employee’s headquarters city; or
4. an employee who was relocated from the employee’s headquarters city to a post and who is subsequently assigned to a new headquarters city as confirmed by the deputy head may claim expenses for the sale of their principal residence in the old headquarters city following official notification of the assignment. The employee may also claim the expenses for the purchase of a new principal residence in the new headquarters city at the time of relocation provided their principal residence was sold at the old headquarters city.

16.18.2 When claiming expenses under paragraphs 16.18.1(c) and (d), where the principal residence is in the headquarters city, real estate and legal/notary fees associated with its sale shall be reimbursed even if that principal residence had not been occupied by the employee at the time of relocation.

16.18.3 Subject to section 16.11 - Tax Implications, the limitations of sections 16.6 and 16.7 shall not apply for relocations between Canadian cities, and for relocations between the post and a Canadian city other than the employee's headquarters city.

16.18.4 When an employee is relocated from a post and assigned to a Canadian city other than the Canadian city from which they were relocated to post, relocation expenses to the new place of duty in Canada shall be in accordance with the provisions of FSD 15 – Relocation, including the relocation of household effects within Canada.