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B-226640 1 (1987-12-15)

handle is hein.gao/gaobadmyh0001 and id is 1 raw text is: 



+0 .'E      The Comptroller General
            of the United States
            Washington, D.C. 20548

            Decision



            Matterof-  Carlos Garcia, et al. - Application of
                       Relocation Income Tax Allowance
            File:      B-226640

            Date:      December 15, 1987



            DIGEST

            The Department of Agriculture requests an opinion as to
            whether claims for Relocation Income Tax (RIT) allowances
            may be paid to certain employees who were transferred from
            the United States to the Virgin Islands and Puerto Rico
            since the statutory authority in 5 U.S.C. S 5724b (Supp. III
            1985) does not specifically state that RIT allowances apply
            to possessions of the United States. The claims may be paid
            since it is consistent with the intent of Congress that RIT
            allowances be extended to Federal employees transferred in
            the interest of the government to united States possessions
            and the Commonwealth of Puerto Rico in the same manner as
            those employees transferred within the United States.
            However, it will be necessary for the Administrator of
            General Services, in consultation with the Secretary of the
            Treasury, to establish the applicable marginal tax rate.


            DECISIO

            This decision is in response to a request by an authorized
            certifying officer of the united States Department of
            Agriculture, National Finance Center, for an opinion as to
            whether claims for Relocation Income Tax (RIT) allowances
            may be paid to certain employees who were transferred from
              the United States to the virgin Islands and Puerto Rico.
              We conclude that the claims may be paid upon establishment
              by the General Services Administration of the applicable
              marginal tax rate.

              BACKGROUND

              With the enactment of section 118(a)(7)(A)(i), Pub. L.
              98-151, 97 Stat. 978, November 14, 1983, as amended by
              section 120(b), pub. L. 98-473, 98 Stat. 1837, 1969,
              October 12, 1984, a new section was added to chapter 57,
              title 5, United States Code, to authorize agencies to

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