Common use of Inconsistent Reporting Clause in Contracts

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders by the Company for a taxable period during which the Company had an S Election in effect, the Shareholder shall notify the Company of such treatment before filing the Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 6 contracts

Sources: S Corporation Termination and Tax Sharing Agreement (Five Star Bancorp), S Corporation Termination and Tax Sharing Agreement (Five Star Bancorp), S Corporation Termination and Tax Sharing Agreement (William Bradford Haines Financial Services Trust)

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders Shareholder by the Company for a taxable period during which the Company had an S Election in effect, the such Shareholder shall notify the Company of such treatment before filing the such Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 3 contracts

Sources: Tax Indemnification Agreement, Tax Indemnification Agreement (Fresh Market, Inc.), Tax Indemnification Agreement (Fresh Market, Inc.)

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders by the Company for a taxable period during which the Company had an Company’s S Election was in effect, the Shareholder shall notify the Company of such treatment before filing the Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 2 contracts

Sources: S Corporation Termination and Tax Sharing Agreement (Vertex, Inc.), S Corporation Termination and Tax Sharing Agreement (Vertex, Inc.)

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders Shareholder by the Company for a taxable period during which the Company had was treated as an S Election in effectcorporation, the such Shareholder shall notify the Company of such treatment before filing the such Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 2 contracts

Sources: Tax Indemnification Agreement, Termination, Tax Allocation and Indemnification Agreement (Tilly's, Inc.)

Inconsistent Reporting. If a the Shareholder hereafter reports an item on such the Shareholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders Shareholder by the Company for a taxable period during which the Company had an S Election in effect, the Shareholder shall notify the Company of such treatment before filing the Shareholder’s income tax return. If such the Shareholder fails to notify the Company of such inconsistent reporting, such the Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 2 contracts

Sources: S Corporation Termination and Tax Sharing Agreement (FB Financial Corp), S Corporation Termination and Tax Sharing Agreement (FB Financial Corp)

Inconsistent Reporting. If a Shareholder Stockholder hereafter reports an item on such ShareholderStockholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders Stockholder by the Company for a taxable period during which the Company had an S Election in effect, the Shareholder such Stockholder shall notify the Company of such treatment before filing the Shareholdersuch Stockholder’s income tax return. If such Shareholder the Stockholder fails to notify the Company of such inconsistent reporting, such Shareholder Stockholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 1 contract

Sources: Stockholder Agreement (HBT Financial, Inc.)

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax Tax treatment reflected in the Schedule K-1 or other tax Tax information provided to the Shareholders Shareholder by the Company for a taxable period during which the Company had an S Election in effect, the such Shareholder shall notify the Company of such treatment before filing the such Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit., and the Company shall have no obligation to make the payments to such Shareholder under Article II. IBG Tax Indemnification Agreement 5

Appears in 1 contract

Sources: S Corporation Revocation, Tax Allocation and Indemnification Agreement (Independent Bank Group Inc)

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax Tax treatment reflected in the Schedule K-1 or other tax Tax information provided to the Shareholders Shareholder by the Company for a taxable period during which the Company had an S Election in effect, the such Shareholder shall notify the Company of such treatment before filing the such Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit, and the Company shall have no obligation to make the payments to such Shareholder under Article II.

Appears in 1 contract

Sources: S Corporation Revocation, Tax Allocation and Indemnification Agreement (Independent Bank Group, Inc.)

Inconsistent Reporting. If a Shareholder hereafter reports an item on such Shareholder’s income tax return in a manner materially inconsistent with the tax treatment reflected in the Schedule K-1 or other tax information provided to the Shareholders Shareholder by the Company for a taxable period during which the Company had was treated as an S Election in effectCorporation, the such Shareholder shall notify the Company of such treatment before filing the such Shareholder’s income tax return. If such Shareholder fails to notify the Company of such inconsistent reporting, such Shareholder shall be liable to the Company for any losses, costs or expenses (including reasonable attorneys’ fees) arising from such inconsistent reporting, including an audit.

Appears in 1 contract

Sources: S Corporation Termination, Tax Allocation and Indemnification Agreement (Duluth Holdings Inc.)