[Title 41 CFR 302]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 41 - PUBLIC CONTRACTS AND PROPERTY MANAGEMENT]
[Subtitle F - Federal Travel Regulation System]
[Chapter 302 - RELOCATION ALLOWANCES]
[Subchapter E - RESIDENCE TRANSACTION ALLOWANCES]
[Part 302 - 15--ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES]
[From the U.S. Government Printing Office]


41PUBLIC CONTRACTS AND PROPERTY MANAGEMENT42002-07-012002-07-01false15--ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES302PART 302PUBLIC CONTRACTS AND PROPERTY MANAGEMENTFederal Travel Regulation SystemRELOCATION ALLOWANCESRESIDENCE TRANSACTION ALLOWANCES
PART 302-15--ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES--Table of Contents




                Subpart A--General Rules for the Employee

Sec.
302-15.1   What are property management services?
302-15.2   What are the purposes of the allowance for property 
          management services?
302-15.3   Am I eligible for payment for property management services 
          under this part?
302-15.4   Who is not eligible for payment for property management 
          services?

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302-15.5   Is my agency required to authorize payment for property 
          management services?
302-15.6   Under what circumstances may my agency authorize payment 
          under this part?
302-15.7   For what property may my agency authorize payment under this 
          part?
302-15.8   When my agency authorizes payment for me under this part, am 
          I obligated to use such services, or may I elect instead to 
          sell my residence at Government expense?
302-15.9   Must I repay property management expenses my agency paid 
          under this part if I elect to sell my former residence in the 
          United States at Government expense when I am transferred from 
          my current foreign post of duty to an official station in the 
          United States other than the one I left?
302-15.10   How long may my agency pay under this part?
302-15.11   If my agency authorized, and I elected to receive, payment 
          for property management expenses, may I later elect to sell my 
          residence at Government expense?
302-15.12   If my agency is paying for property management services 
          under this part and my service agreement expires, what must I 
          do to ensure that payment for property management services 
          continues?
302-15.13   What are the income tax consequences when my agency pays for 
          my property management services?

                   Subpart B--Agency Responsibilities

302-15.70  What governing policies must we establish for the allowance 
          for property management services?

    Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 13747, 
3 CFR, 1971-1975 Comp., p. 586.

    Source: FTR Amdt. 98, 66 FR 58196, Nov. 20, 2001, unless otherwise 
noted.



                Subpart A--General Rules For The Employee

    Note to subpart A: Use of pronouns ``I'', ``you'', and their 
variants throughout this subpart refers to the employee.



Sec. 302-15.1  What are property management services?

    ``Property management services'' are programs provided by private 
companies for a fee, which help an employee to manage his/her residence 
at the old official station as a rental property. These services 
typically include, but are not limited to, obtaining a tenant, 
negotiating the lease, inspecting the property regularly, managing 
repairs and maintenance, enforcing lease terms, collecting the rent, 
paying the mortgage and other carrying expenses from rental proceeds 
and/or funds of the employee, and accounting for the transactions and 
providing periodic reports to the employee.



Sec. 302-15.2  What are the purposes of the allowance for property management services?

    The purpose of the allowance for property management services is 
reduce overall Government relocation costs when used instead of sale of 
the employee's residence at Government expense. When authorized in 
connection with an employee's transfer to a foreign area post of duty, 
relieve the employee of the costs of maintaining a home in the United 
States while stationed at a foreign area post of duty.



Sec. 302-15.3  Am I eligible for payment for property management services under this part?

    Yes, you are eligbile for payment for property management services 
when:
    (a) You transfer in the interest of the Government; and
    (b) You and/or a member(s) of your immediate family hold(s) title to 
a residence which you are eligible to sell at Government expense under 
part 302-11 or part 302-12 of this chapter.



Sec. 302-15.4  Who is not eligible for payment for property management services?

    New appointees, employees assigned under the Government Employees 
Training Act (5 U.S.C. 4109), and employees transferring wholly outside 
the United States are not eligible for payment for property management 
services. However, relocations wholly outside the United States do not 
affect previously authorized property management services as long as the 
employee continues to meet the requirements of Sec. 302-15.6 and any 
other conditions established by the agency.

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Sec. 302-15.5  Is my agency required to authorize payment for property management services?

    No, your agency is not required to authorize payment for property 
management services. However, your agency determines:
    (a) When you meet the conditions set forth in Sec. 302-15.3;
    (b) When to authorize payment for these services; and
    (c) What procedures you must follow when it authorizes such payment.



Sec. 302-15.6  Under what circumstances may my agency authorize payment under this part?

    (a) For a relocation to an official station in the United States, 
your agency may authorize payment under this part when:
    (1) You are being returned from a foreign area post of duty to a 
different official station than the one from which you were transferred 
for your foreign tour of duty;
    (2) Your agency has determined that property management services is 
more advantageous and cost effective for the Government than having to 
sell your residence;
    (3) You have signed a service agreements; and
    (4) You meet any additional conditions that your agency has 
established.
    (b) For relocations to official stations outside the United States, 
your agency will authorize payment under this part when you meet 
conditions set forth in paragraphs (a)(3) and (4) of this section.



Sec. 302-15.7  For what property may my agency authorize payment under this part?

    Under this part, payment may be authorized only for your residence 
at the last official station in the United States from which you 
transferred.



Sec. 302-15.8  When my agency authorizes payment for me under this part, am I obligated to use such services, or may I elect instead to sell my residence at 
          Government expense?

    You are not obligated to use your authorized property management 
services allowance. You have the option of choosing to sell your 
residence at Government expense or to use the property management 
services allowance.



Sec. 302-15.9  Must I repay property management expenses my agency paid 

under this part if I elect to sell my former residence in the United States at 
          Government expense when I am transferred from my current 
          foreign post of duty to an official station in the United 
          States other than the one I left?

    No, you are not required to repay any property management expenses 
paid by your agency if you elect to sell your former residence in the 
United States when transferred from your post of duty to an official 
station in the United States. The authority for your agency to pay for 
property management services under this part when you are transferred to 
a foreign post of duty arises from your transfer to the foreign post of 
duty. It is separate from, and in addition to, the authority to sell 
your residence at Government expense when you are transferred to an 
official station in the United States other than the official station 
from which you were transferred to the foreign post of duty.



Sec. 302-15.10  How long may my agency pay under this part?

    Your agency may pay:
    (a) For transfers within the United States for a period not to 
exceed 2 years from your effective date of transfer, with up to a 2-year 
extension, under the same conditions required in Sec. 302-11.21 of this 
chapter; or
    (b) From the time you transfer to a foreign area post of duty until 
you:
    (1) Transfer back to an official station in the United States; or
    (2) Complete a service agreement at your post of duty and remain 
there, but do not sign a new service agreement; or
    (3) Separate from Government service.



Sec. 302-15.11  If my agency authorized, and I elected to receive, payment for property management expenses, may I later elect to sell my residence at 
          Government expense?

    Yes, you may change your selection from receiving property 
management expenses to selling your residence at Government expense 
provided:

[[Page 201]]

    (a) Your agency allows you to change your election of payment from 
property management expenses to the sale of your residence at Government 
expense; and
    (b) Payment for sale of your residence at Government expense is 
offset in accordance with your agency's policy established under 
Sec. 302-15.70(d).



Sec. 302-15.12  If my agency is paying for property management services under this part, and my service agreement expires, what must I do to ensure that payment 
          for property management services continues?

    You must sign a new service agreement (see Sec. 302-2.13 of this 
chapter) to continue to this benefit.



Sec. 302-15.13  What are the income tax consequences when my agency pays for my property management services?

    When your agency pays for your property management services, you 
will be taxed on the amount of expenses your agency pays for property 
management services whether it reimburses you directly or whether it 
pays a relocation service company to manage your residence. Your agency 
must pay you a relocation income tax (RIT) allowance for the additional 
Federal, State and local income taxes you incur on property management 
expenses it reimburses you or pays on your behalf.
    Note to Sec. 302-15.13: You may wish to consult with a tax advisor 
to determine whether you will incur any additional tax liability, 
unrelated to your agency's payment of your property management expenses, 
as a result of maintaining your residence as a rental property.



                   Subpart B--Agency Responsibilities

    Note to subpart B: Use of pronouns ``we'', ``you'', and their 
variants throughout this subpart refers to the agency.



Sec. 302-15.70  What governing policies must we establish for the allowance for property management services?

    You must establish policies and procedures governing:
    (a) When you will authorize payment for property management services 
for an employee who transfers in the interest of the Government;
    (b) Who will determine, for relocations to official stations in the 
United States, whether payment for property management services is more 
advantageous and cost effective than sale of an employee's residence at 
Government expense;
    (c) If and when you will allow an employee who was offered and 
accepted payment for property management services to change his/her mind 
and elect instead to sell his/her residence at Government expense in 
accordance with paragraph (d) of this section; and
    (d) How you will offset expenses you have paid for property 
management services against payable expenses for sale of the employee's 
residence when an eligible employee who elected payment for property 
management services later changes his/her mind and elects instead to 
sell his/her residence at Government expense.

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