41 C.F.R. Subpart B—Title Requirements
Title 41 - Public Contracts and Property Management
You may receive reimbursement for the one residence from which you regularly commute to and from work on a daily basis and which was your residence at the time you were officially notified by competent authority to transfer to a new official station. The title to the property for which you are requesting an allowance for residence transaction must be: (a) Solely in your name; or (b) Solely in the name of one or more of your immediate family members; or (c) Jointly in your name and in the name of one or more of your immediate family members. The Government will determine who holds title to your property based on: (a) Whose name(s) actually appears on your title document (e.g., the deed); or (b) Who holds equitable title interest in your property as specified in §302–11.105. If you or a member of your immediate family do not hold full title to the property for which you are requesting reimbursement, you will be reimbursed on a pro rata basis to the extent of your actual title interest plus your equitable title interest in the residence. To be eligible for the allowance for expenses incurred in connection with the sale of your residence, you and/or a member(s) of your immediate family must have acquired title or equitable title interest in the residence as illustrated in the following table: [FTR Amdt. 98, 66 FR 58196, Nov. 20, 2001; 67 FR 7219, Feb. 15, 2002] “Equitable title interest” in your residence is determined by your agency if: (a) The title is held in trust, and: (1) The property is your residence; (2) You and/or a member(s) of your immediate family are the only beneficiary(ies) of the trust during either of your lifetimes; (3) You and/or a member(s) of your immediate family retain the right to distribute the property during your lifetimes; (4) You and/or a member(s) of your immediate family retain the right to manage the property; (5) You and/or a member(s) of your immediate family are the only grantor/settlor of the trust, or retain the right to direct distribution of the property upon dissolution of the trust or death; and (6) You provide your agency with a copy of the trust document; or (b) The title is held in the name of a financial institution, and: (1) The property is your residence; (2) You and/or a member(s) of your immediate family executed a financing agreement (e.g., mortgage) with the financial institution; (3) State or local law requires that lending parties take title to perfect (i.e., protect) a security interest in the property, or the financial institution requires that it take possession of title as a condition of the financing agreement; and (4)You provide your agency with a copy of the financing document; or (c) The title is held both in the names of: (1) You solely, or jointly with one or more members of your immediate family, or one or more members of your immediate family; (2) An individual accommodation party as defined in §302–11.106 who is not a member of your immediate family; and (3) The conditions apply: (i) The property is your residence. (ii) You and/or a member(s) of your immediate family have the right to use the property and to direct conveyance of the property. (iii) The lender requires signature of the accommodation party on the financing document. (iv) You and/or a member of your immediate family, are liable for payments under the financing arrangement (e.g., mortgage). (v) The accommodation party's name is on the title. (vi) The accommodation party does not have a financial interest in the property unless the employee and/or a members(s) of the immediate family default on the financing arrangement. (vii) You must provide documentation of the accommodation that is acceptable by your agency; or (d) The title is held by the seller of the property and the following conditions are met: (1) The property is your residence; (2) You and/or member(s) of your immediate family has the right to use the property and to direct conveyance of the property; (3) You and/or member(s) of your immediate family must have signed a financing agreement with the seller of the property (e.g., a land contract) providing for fixed periodic payments and transfer of title to the employee and/or a member(s) of the immediate family upon completion of the payment schedule; and (4) You provide your agency with a copy of the financing agreement; or (e) Another equitable title situation exists where title is held in your name only or jointly with you and one or more members of your immediate family or with you and an individual who is not an immediate family member, and the following conditions are met: (1) The property is your residence. (2) You and/or a member(s) of your immediate family has the right to use the property and to direct conveyance of the property. (3) Only you and/or a member(s) of your immediate family has made payments on the property. (4) You and/or a member(s) of your immediate family received all proceeds from the sale of the property. (5) You must provide suitable documentation to your agency that all conditions in paragraphs (e)(1) through (e)(4) of this section are met. An accommodation party is an individual who signs an employee's financing agreement (e.g., a mortgage) to lend his/her name (i.e., credit) to the arrangement.
Title 41: Public Contracts and Property Management
PART 302–11—ALLOWANCES FOR EXPENSES INCURRED IN CONNECTION WITH RESIDENCE TRANSACTIONS
Subpart B—Title Requirements
§ 302-11.100 For which residence may I receive reimbursement for under this subpart?
§ 302-11.101 Must the title to the property for which I am requesting an allowance for residence transactions be in my name?
§ 302-11.102 How will the Government determine who holds title to my property?
§ 302-11.103 How will I be reimbursed if I or a member of my immediate family do not hold full title to the property for which I am requesting reimbursement?
§ 302-11.104 When must I and/or a member(s) of my immediate family have acquired title interest in my residence to be eligible for the allowance for expenses incurred in connection with the sale of my residence?
------------------------------------------------------------------------ Type of transfer Date------------------------------------------------------------------------1. Between official stations in the United 1. Prior to the date first States. notified of the transfer.2. Returning from completion of any 2. Prior to the date foreign tour of duty to a different notified that you would be official station in the United States, transferred to a different which is 50 miles distance from the location in the United official station from which transferred States, which is 50 miles to the foreign official station. distance from the official station you transferred from the foreign area.------------------------------------------------------------------------
§ 302-11.105 How is it determined if I hold “equitable title interest” in my residence?
§ 302-11.106 What is an accommodation party?
