Instructions For Fppc Form 700 Reference Pamphlet - Statement Of Economic Interests - 2016/2017 Page 13

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Terms & Definitions -
(continued)
Report incentive compensation as follows:
The Johnsons also own the property where Classic
Autos is located. To determine the reportable value
In addition to salary, reimbursement of expenses, and
of the real property, Mark will again aggregate the
other income received from your employer, separately
value of his 50% interest and Cynthia’s 50% interest to
report on Schedule C the name of each person
determine the amount to report in Part 4 of Schedule
who purchased products or services sold, marketed
A-2.
or represented by you if you received incentive
Katie Smith rents out a room in her home. She
compensation of $500 or more attributable to the
receives $6,000 a year in rental income. Katie will
purchaser during the period covered by the statement.
report the fair market value of the rental portion of her
If incentive compensation is paid by your employer in
residence and the income received on Schedule B.
a lump sum, without allocation of amounts to specific
customers, you must determine the amount of incentive
Jurisdiction: Report discloseable investments and
compensation attributable to each of your customers.
sources of income (including loans, gifts, and travel
This may be based on the volume of sales to those
payments) that are either located in or doing business in
customers.
your agency’s jurisdiction, are planning to do business in
your agency’s jurisdiction, or have done business during
(See Regulations 18700.1 and 18728.5 for more
the previous two years in your agency’s jurisdiction,
information.)
and interests in real property located in your agency’s
Investment Funds: The term “investment” no longer
jurisdiction.
includes certain exchange traded funds, closed-end funds,
A business entity is doing business in your agency’s
or funds held in an Internal Revenue Code qualified plan.
jurisdiction if the entity has business contacts on a regular
These non-reportable investment funds (1) must be bona
or substantial basis with a person who maintains a physical
fide investment funds that pool money from more than 100
presence in your jurisdiction.
investors, (2) must hold securities of more than 15 issuers,
and (3) cannot have a stated policy of concentrating
Business contacts include, but are not limited to,
their holdings in the same industry or business (“sector
manufacturing, distributing, selling, purchasing, or
funds”). In addition, the filer may not influence or control
providing services or goods. Business contacts do not
the decision to purchase or sell the specific fund on
include marketing via the Internet, telephone, television,
behalf of his or her agency during the reporting period or
radio, or printed media.
influence or control the selection of any specific investment
The same criteria are used to determine whether an
purchased or sold by the fund. (Regulation 18237)
individual, organization, or other entity is doing business in
your jurisdiction.
I
nvestments and Interests in Real Property: When
disclosing investments on Schedules A-1 or A-2 and
Exception:
interests in real property on Schedules A-2 or B, you must
Gifts are reportable regardless of the location of the donor.
include investments and interests in real property held by
For example, a state agency official with full disclosure
your spouse or registered domestic partner, and those held
must report gifts from sources located outside of California.
by your dependent children, as if you held them directly.
(Designated employees/code filers should consult their
Examples:
disclosure categories to determine if the donor of a gift is of
the type that must be disclosed.)
Terry Pearson, her husband, and two dependent
children each own $600 in stock in General Motors.
When reporting interests in real property, if your jurisdiction
Because the total value of their holdings is $2,400,
is the state, you must disclose real property located within
Terry must disclose the stock as an investment on
the state of California unless your agency’s conflict of
Schedule A-1.
interest code specifies otherwise.
Cynthia and Mark Johnson, a married couple, jointly
For local agencies, an interest in real property is located in
own Classic Autos. Mark must disclose Classic Autos
your jurisdiction if any part of the property is located in, or
as an investment on Schedule A-2. To determine the
within two miles of, the region, city, county, district, or other
reportable value of the investment, Mark will aggregate
geographical area in which the agency has jurisdiction, or if
the value of his 50% interest and Cynthia’s 50%
the property is located within two miles of any land owned
interest. Thus, if the total value of the business entity is
or used by the agency.
$150,000, he will check the box $100,001 - $1,000,000
in Part 1 of Schedule A-2. (Also see Reference
Pamphlet, page 11, for an example of how to calculate
reportable income.)
FPPC Form 700 Reference Pamphlet (2016/2017)
FPPC Advice Email: advice@fppc.ca.gov
FPPC Toll-Free Helpline: 866/275-3772
Ref. Pamphlet - 13

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Parent category: Financial