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B-210351 1 (1983-05-10)

handle is hein.gao/gaobadlbk0001 and id is 1 raw text is: 
                /:NF ,# THE COMPTROLLER OENERAL
                DECSIO   --  OF THE UNITED STATES
  OD E C I S IO N -.      ~
                          WASHINGTON. 0. C. 20548




  FILE: B-210351                DATE: May 10, 1983
  MATTER OF: Christopher S. Werner - Reimbursement for
               Real Estate Expenses

  DIGEST:
           Transferred employee may not be
           reimbursed for a State Grantor's
           Tax paid by him on behalf of a
           seller in connection with the pur-
           chase of a new residence. Although
           it may be common for a buyer to pay
           the Grantor's Tax, the local HUD
           office has determined that it is
           customary for the seller to pay such
           cost in that particular area.

     By submission dated December 13, 1982, Lieutenant
Colonel William F. Mallett, Chief, Pay and Travel Systems
Branch, Directorate of Plans and Systems, Department of
the Air Force, requests an advance decision concerning the
claim of Mr. Christopher S. Werner. Mr. Werner claims
reimbursement of the Virginia State Grantor's Tax paid by
him in connection with the purchase of his new residence
incident to a permanent change of station. The submission
was forwarded through the Per Diem, Travel and Transporta-
tion Allowance Committee, and has been assigned PDTATAC
Control No. 82-29.

     The issue is whether a purchaser may be reimbursed
for real estate expenses paid on behalf of the seller when
it is common for the purchaser to pay such costs but the
practice is not an established custom. The claim is
denied since a Grantor's Tax is customarily paid by the
seller.

     The voucher submitted on behalf of Mr. Werner for
$102.50 represents the Virginia State Grantor's Tax which
is, according to Code of Virginia § 58-54.1, to be paid by
the seller of realty. However, the contract of sale pro-
vided that this cost would be borne by the purchaser. The
Chief of Accounting Operations, Department of the Air
Force, stated that the above expense is usually paid by
the seller and therefore not subject to reimbursement on
the basis of a renegotiation of payment of the tax between
the seller and the buyer.




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