Laserfiche WebLink
by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal <br />procedures are available upon request from the Displacing Agency. <br />15. Tax Status of Relocation Benefits <br />California Government Code Section 7269 indicates no relocation payment received shall be <br />considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with <br />Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax <br />law, Part it (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. <br />Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment <br />received under this part (Part 24) shall be considered as income for the purpose of the Internal <br />Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The <br />preceding statement is not tendered as legal advice in regard to tax consequences, and displacees <br />should consult with their own tax advisor or legal counsel to determine the current status of such <br />payments. <br />(IRS Circular230 disclosure: To ensure compliance with requirements imposedbytheIRS, weinform <br />you that any tax advice contained in this communication (including any attachments) was not <br />intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax - related <br />penalties under the Internal Revenue Code or (ii) promoting marketing orrecommending to another <br />parry anymatters addressedherein) <br />16. Lawful Presence Requirement <br />Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation <br />benefits in federally- funded projects, in the case of an unincorporated business, each owner must be <br />either a citizen or national of the United States, or an alien who is lawfully present in the United <br />States. The owner of a sole proprietorship and all owners of a partnership must provide information <br />regarding their lawful presence in the United States, and a for - profit or a non - profit corporation must <br />certify that it is authorized to conduct business within the United States. Owners of sole <br />proprietorships or partnerships, who are not lawfully present in the United States, or who decline to <br />provide this information, are not eligible for relocation assistance, unless such ineligibility would <br />result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of <br />whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual <br />hardship is defined as significant and demonstrable adverse impact on the health or safety, <br />continued existence of the family unit, and any other impact determined by the Displacing Agency to <br />negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the <br />number of owners 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 />55F -45 <br />