Determining Foreign Attributes Clause Samples
The "Determining Foreign Attributes" clause establishes the criteria and procedures for identifying whether certain goods, services, or entities possess foreign characteristics or origins. In practice, this clause may outline specific tests, documentation requirements, or thresholds that must be met to classify an item as foreign, such as country of manufacture, ownership, or control. Its core function is to ensure clarity and consistency in applying rules or restrictions that depend on the foreign status of items, thereby reducing ambiguity and potential disputes.
Determining Foreign Attributes. Without limiting the foregoing, AXP shall also determine the portion of any Foreign Attribute for the Ameriprise Group that is allocable to the taxable year ending December 31, 2005, provided, that such portion to be allocated will not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items, all as determined by AXP in good faith; and provided, further, that, without the prior written consent of AXP, Ameriprise and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Ameriprise Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. Ameriprise shall provide AXP with all information it requests to make any determination under this subsection (f). AXP will likewise share all information with Ameriprise necessary for Ameriprise to determine its share of the consolidated foreign Tax Credits for the taxable year ending December 31, 2005 and all prior taxable years.
Determining Foreign Attributes. Without limiting the foregoing, the Parties shall also determine the portion of any Foreign Attribute for the Journal Spinco Group that is allocable to the 2015 Taxable Year, provided, that such portion to be allocated will not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items; and provided, further, that, without the prior written consent of Journal, such consent not being unreasonably withheld, conditioned or delayed, Journal Spinco and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Journal Spinco Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. Journal Spinco shall provide Journal with all information it reasonably requests to make any determination under this Section 2.02(f). Journal shall likewise share all information with Journal Spinco necessary for Journal Spinco to determine its share of the consolidated foreign Tax Credits for the Affiliation Year ending December 27, 2015 and all prior Affiliation Years.
Determining Foreign Attributes. Without limiting the foregoing, the Parties shall also determine the portion of any Foreign Attribute for the Scripps Spinco Group that is allocable to the 2015 Taxable Year, provided, that such portion to be allocated will not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items; and provided, further, that, without the prior written consent of Scripps, such consent not being unreasonably withheld, conditioned or delayed, Scripps Spinco and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Scripps Spinco Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. Scripps Spinco shall provide Scripps with all information it reasonably requests to make any determination under this Section 2.02(f). Scripps shall likewise share all information with Scripps Spinco necessary for Scripps Spinco to determine its share of the consolidated foreign Tax Credits for the Affiliation Year ending December 31, 2015 and all prior Affiliation Years.
Determining Foreign Attributes. Without limiting the foregoing, in the Distribution Taxable Year and all prior taxable years, Wendy’s shall also determine the portion of any Foreign Attribute that is allocable to the T▇▇ Hortons Group provided, that such portion shall not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items, all as determined by Wendy’s in good faith; and provided, further, that, without the prior written consent of Wendy’s, T▇▇ Hortons and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the T▇▇ Hortons Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. T▇▇ Hortons shall provide Wendy’s with all information it requests to make any determination under this subsection (d). Wendy’s will likewise share all information with T▇▇ Hortons necessary for T▇▇ Hortons to determine its share of the consolidated foreign Tax Credits for the Distribution Taxable Year and all prior taxable years.