Tax Status and Returns. 9.3.1 Any provision hereof to the contrary notwithstanding, solely for United States federal income tax purposes, each of the Members hereby recognizes that the Company may be subject to the provisions of Subchapter K of Chapter 1 of Subtitle A of the Code; provided, however, the filing of U.S. Partnership Returns of Income shall not be construed to extend the purposes of the Company or expand the obligations or liabilities of the Members.
Tax Status and Returns. (a) The Company shall be responsible for timely filing all tax returns of the Company and timely furnishing to each Member its Schedule K-1 for any year and any similar forms required for state or local tax purposes, it being understood that the Manager shall use commercially reasonable efforts to deliver a Schedule K-1 to each Member within 90 days following the end of each fiscal year, provided that, in the event of an extraordinary item or changes in the applicable tax laws, such delivery date maybe extended as the Manager deems reasonably necessary. Additionally, in the event the Manager anticipates a delay in the delivery of a Schedule K-1 to a Member, the Manager may in its sole discretion, elect to deliver an estimated Schedule K-1 to such Member. Each Member shall furnish to the Company all pertinent information in its possession relating to the Member or the Company’s operations that is reasonably necessary to enable the Company’s tax returns to be timely prepared and filed. Each Member shall provide any forms (including an IRS Form W-9 or applicable IRS Form W-8) reasonably required by the Company to allow the Company to determine the amount, if any, that is required to be withheld with respect to such Member under applicable tax laws.
Tax Status and Returns. (a) The Company shall be responsible for timely filing all tax returns of the Company and timely furnishing to each Member its Schedule K-1 for any year and any similar forms required for state or local tax purposes, it being understood that the Manager shall deliver a Schedule K-1 to each Member no later than January 31 of the year following the end of each fiscal year. Each Member shall furnish to the Company all pertinent information in its possession relating to the Member or the Company’s operations that is reasonably necessary to enable the Company’s tax returns to be timely prepared and filed. Each Member shall provide any forms (including an IRS Form W-9 or applicable IRS Form W-8) reasonably required by the Company to allow the Company to determine the amount, if any, that is required to be withheld with respect to such Member under applicable tax laws.
Tax Status and Returns. (a) Any provision hereof to the contrary notwithstanding, solely for United States federal income tax purposes, each of the Members hereby recognizes that the Company will be subject to all provisions of Subchapter K of Chapter 1 of Subtitle A of the Code.
Tax Status and Returns. 7.4.1 The Company shall file as a partnership for Federal income tax purposes. Any provision hereof to the contrary notwithstanding, solely for United States federal income tax purposes, each of the Members hereby recognizes that the Company may be subject to the provisions of Subchapter K of Chapter 1 of Subtitle A of the Code; provided, however, the filing of U.S. Partnership Returns of Income shall not be construed to extend the purposes of the Company or expand the obligations or liabilities of the Members.
Tax Status and Returns. Each of the parties hereto: (a) recognizes and intends that, for U.S. federal income tax purposes, the Company shall be treated as a partnership in which each Member is a partner and (b) agrees to refrain from taking or consenting to any action the result of which could result in the classification or treatment of the Company as anything other than a partnership in which each Member is a partner for U.S. federal income tax purposes. To the extent that any of the parties hereto is required to report any item of income, gain, loss, deduction, or credit relating to the Company for U.S. federal income tax purposes, such party shall report such item in a manner consistent with the Company's tax returns and statements.
Tax Status and Returns. 1. Notwithstanding any provisions hereof to the contrary, each of the Venturers hereby recognizes that the Venture will be a partnership for United States federal income tax purposes and that the Venture will be subject to all provisions of Subchapter K of Chapter 1 of Subtitle A of the Code; provided, however, that the filing of U.S. Partnership Returns of Income shall not be construed to extend the purpose of the Venture or expand the obligations or liabilities of the Venturers. At the request of any Venturer, the Venture shall file an election under section 754 of the Code.
Tax Status and Returns. (a) It is the express intention of the Members that the Company be classified as a partnership for federal income taxation and not as an association taxable as a corporation. No Member or Manager shall take any action inconsistent with such treatment. It is the further intention of the Members that this Agreement be interpreted and applied accordingly.
Tax Status and Returns. (a) Any provision hereof to the contrary notwithstanding, solely for United States federal income tax purposes, each of the Members hereby recognizes that the Joint Venture will be subject to all provisions of Subchapter K of Chapter 1 of Subtitle A of the Code; provided, however, the filing of U.S. Partnership Returns of Income shall not be construed to extend the purposes of the Joint Venture or expand the obligations or liabilities of the Members.
Tax Status and Returns. (a) Any provision hereof to the contrary notwithstanding, the Partnership shall be subject, solely for federal income tax purposes, to all provisions of Subchapter K of Chapter 1 of Subtitle A of the Code; provided, however, that the filing of U.S. Partnership Returns of Income shall not be construed to extend the purposes of the Partnership. At the request of any Partner, the Partnership shall file an election under Section 754 of the Code and under the corresponding sections of applicable state laws. Any costs or expenses associated with making such elections shall be paid by the Partner requesting the election in accordance with Section 8.2(d). (b) The Partnership shall prepare or cause to be prepared by the principal certified public accountant for the Partnership not later than thirty (30) days prior to the date of required filing thereof (including extensions) all tax returns and statements, if any, that must be filed on behalf of the Partnership with any taxing authority, and shall submit such returns and statements to all the Partners for their approval prior to filing, and when approved by the Partners, or when due, if necessary, without approval, make timely filing thereof. Shurgard shall provide preliminary tax information with respect to the Partnership's immediately preceding taxable year (which will be based on unaudited financial information) to Fremont not later than forty-five (45) days prior to the required filing date of the Partnership's tax returns (without extensions). (c) Shurgard shall act as the "tax matters partner" of the Partnership within the meaning of Section 6231(a)(7) of the Code and in any similar capacity under applicable state or local tax law. Shurgard shall keep the other Partners fully informed and consult with them regarding matters for which it is responsible while acting in such capacity. All expenses incurred by Shurgard while acting in such capacity shall be paid or reimbursed by the Partnership. Notwithstanding the foregoing, Shurgard shall not have the authority to make elections or settle any tax-related disputes with respect to the Partnership without the prior written agreement of Fremont. ARTICLE III.
