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55A - RESO - BRISTOL ST PROJ PHASE 3A
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55A - RESO - BRISTOL ST PROJ PHASE 3A
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5/3/2016 2:24:19 PM
Creation date
5/3/2016 2:20:16 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55A
Date
5/3/2016
Destruction Year
2021
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15. Tax Status of Relocation Benefits <br />California Government Code Section 7269 indicates no relocation payment received shall be considered <br />as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 <br />01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 <br />(commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, <br />federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this <br />part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, <br />which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not <br />tendered as legal advice in regard to tax consequences, and displacees should consult with their own <br />tax advisor or legal counsel to determine the current status of such payments. <br />(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that <br />any tax advice contained in this communication (including any attachments) was not intended or written to be <br />used and cannot be used for the purpose of (i) avoiding tax - related penalties under the Internal Revenue Code <br />or (ii) promoting marketing or recommending to another party any matters addressed herein) <br />16. Lawful Presence Requirement <br />Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation benefits <br />in federally- funded projects, in the case of an unincorporated business, each owner must be either a <br />citizen or national of the United States, or an alien who is lawfully present in the United States. The <br />owner of a sole proprietorship and all owners of a partnership must provide information regarding their <br />lawful presence in the United States, and a for - profit or a non - profit corporation must certify that it is <br />authorized to conduct business within the United States. Owners of sole proprietorships or <br />partnerships, who are not lawfully present in the United States, or who decline to provide this <br />information, are not eligible for relocation assistance, unless such ineligibility would result in an <br />exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a <br />citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is <br />defined as significant and demonstrable adverse impact on the health or safety, continued existence of <br />the family unit, and any other impact determined by the Displacing Agency to negatively affect the <br />alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of owners <br />with certified lawful presence in the United States. <br />17. Additional Information <br />If you have further questions after reading this brochure, please contact the Displacing Agency's <br />relocation agent at Overland, Pacific & Cutler, Inc. <br />©1980.2014 Overland, Pacific & Cutler, Inc. (Oct -14) Page 10 of 10 <br />55A -106 <br />
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