1. Should the reimbursement of real estate and legal fees with respect to the sale of a taxpayer's rental property give rise to a taxable employment benefit in the circumstances provided?
2. Are long-term storage costs deductible moving expenses under subsection 62(3) of the Act?
1. In this case, yes.
1. Where an employer pays or reimburses an employee for relocation expenses that would have otherwise qualified for a moving expense deduction under subsection 62(1), such payment or reimbursement will generally not result in a taxable benefit to the relocated employee under paragraph 6(1)(a). In this case, the selling costs would not qualify for a moving expense deduction under subsection 62(1) of the Act and therefore, the reimbursement is a taxable employment benefit.
2. Under subsection 62(3), deductible moving expenses include any expense incurred as or on account of "the cost to the taxpayer of transporting or storing household effects in the course of moving from the old residence to the new residence." In this case, the long-term storage costs are not incurred "in the course of moving" and are therefore not deductible as a moving expense under section 62.