Federal Income Tax Considerations definition

Federal Income Tax Considerations section of the Offering Circular for all U.S. federal, state and local income tax purposes and will take no action inconsistent with such treatment unless required by law.

Federal Income Tax Considerations and "Risk Factors - Our Status as a REIT is dependent on compliance with federal income tax requirements," insofar as such statements summarize legal matters, agreements, documents or proceedings discussed therein, are accurate and fair summaries of such legal matters, agreements, documents or proceedings.

Federal Income Tax Considerations and "Recent Tax Developments," insofar as they constitute descriptions of the Partnership Agreements or refer to statements of law or legal conclusions, are accurate and complete in all material respects.

Examples of Federal Income Tax Considerations in a sentence

• The descriptions of federal income tax consequences appearing under the headings "Certain Federal Income Tax Consequences" in the Prospectus and "Federal Income Tax Considerations" in the Prospectus Supplement accurately describe the material federal income tax consequences to holders of the Certificates, under existing law and subject to the qualifications and assumptions stated therein.

• See “Canadian Federal Income Tax Considerations – Taxation of Limited Partners”.

• Subject to an exemption discussed in “U.S. Federal Income Tax Considerations – Gross Income Tests – Interest Income,” if the outstanding principal balance of a mortgage loan during the taxable year exceeds the deemed value of the real property securing the loan at the time we committed to acquire the loan, a portion of the interest accrued during the year will not be qualifying mortgage interest for the 75% income test and a portion of such loan likely will not be a qualifying real estate asset.

• We hereby consent to the filing of this letter and to the references to this firm under the headings "Legal Matters" and "Material Federal Income Tax Considerations" in the Base Prospectus and Prospectus Supplement, without implying or admitting that we are "experts" within the meaning of the Securities Act or the rules and regulations of the Commission issued thereunder, with respect to any part of the Base Prospectus or the Prospectus Supplement.

• The statements contained under the caption "Material Federal Income Tax Considerations" in the Base Prospectus as supplemented by the Prospectus Supplement, insofar as such statements constitute conclusions of law, are true and correct in all material respects as set forth therein.

More Definitions of Federal Income Tax Considerations

Federal Income Tax Considerations and "Certain United States Tax Considerations for Non- U.S. Shareholders," to the extent that it constitutes matters of law or legal conclusions, has been reviewed by such counsel and is correct in all material respects.

Federal Income Tax Considerations section of the Offering Circular for U.S. federal, state and local income tax purposes and will take no action inconsistent with such treatment unless required by law. Such Class A-L-B Xxxxxx agrees to provide the Borrower, the Loan Agent and the Trustee with certifications necessary to establish that it is not subject to withholding tax under FATCA; provided that nothing herein shall impose an obligation on the part of the Loan Agent or the Trustee to determine the amount of any tax or withholding obligation on the part of the Borrower or in respect of the Debt. Such Class A-L-B Lender agrees to timely furnish the Borrower, the Loan Agent, the Trustee or their agents any tax form or certification (such as IRS Form W-9, the applicable IRS Form W-8, or any successors to such IRS forms) that the Borrower, the Loan Agent, the Trustee or their agents may reasonably request, and any documentation, agreements, certifications or information that is reasonably requested by the Borrower, the Loan Agent, the Trustee or their agents (A) to permit the Borrower, the Loan Agent, the Trustee or their agents to make payments to it without, or at a reduced rate of, deduction or withholding, (B) to enable the Borrower or its agents to qualify for a reduced rate of withholding or deduction in any jurisdiction from or through which the Borrower or its agents receive payments, and (C) to enable the Borrower, the Loan Agent, the Trustee or their agents to satisfy reporting and other obligations under the Code and Treasury regulations (including any cost basis reporting obligations), or any other law, and shall update or replace such documentation and information as appropriate or in accordance with its terms or subsequent amendments. Such Class A-L-B Lender acknowledges that the failure to provide, update or replace any such documentation or information may result in the imposition of withholding or back up withholding upon payments to such holder. Amounts withheld pursuant to applicable tax laws will be treated as having been paid to a holder by the Borrower. In addition, such Class A-L-B Xxxxxx agrees that the Borrower may provide information to the IRS or any other taxing authority regarding such Class A-L-B Lender’s investment in the Class A-L-B Loans. (k) [Reserved]. (l) [Reserved]. (m) Each Class A-L-B Lender acknowledges that the Borrower may receive a list of Class A-L-B Lenders from the Registrar. (n) Each Class A-L-B Lender agrees that (i) any sale, pledge or other tr...

Federal Income Tax Considerations. The following discussion is a summary of certain current U.S. federal income tax consequences relating to the restricted stock award. This discussion does not purport to be complete, and does not cover, among other things, foreign, state and local tax treatment. No income is recognized upon receipt of the award of Shares. Upon vesting of the Shares, net income equal to the fair market value of Shares is recognized. However, if you make a Code Section 83(b) election within 30 days of the grant of the Shares, you will recognize ordinary income equal to the fair market value of the Shares at the date of the grant. The capital gain or loss holding period for the Shares will begin when ordinary income is recognized, and any subsequent capital gain or loss will be measured by the difference between the ordinary income recognized and the amount received upon sale or exchange of the shares. Payroll taxes (Social Security and Medicare taxes) will be due upon vesting of the Shares, or earlier if an 83(b) election is made, based upon the fair market value of the Shares at that time.

Federal Income Tax Considerations and "Shares Available for Future Sale," to the extent that it constitutes matters of law or legal conclusions, has been reviewed by such counsel and is a fair summary of such matters and conclusions; and the form of certificates evidencing the Common Stock and filed as an exhibit to the Registration Statement complies with Maryland law;

Federal Income Tax Considerations and "Legal Matters" sections of that Registration Statement. Very truly yours, /s/ Xxxxxxxxxxx & Xxxxxxxx LLP Xxxxxxxxxxx & Xxxxxxxx LLP

Federal Income Tax Considerations. (other than statements regarding Texas tax considerations under the subcaption "--Other Tax Considerations") contained in the Prospectus, and "Certain Federal Income Tax Considerations" contained in the Prospectus, to the extent they constitute matters of law, descriptions of statues, rules or regulations, or legal conclusions, each, respectively, fairly presents in all material respects the information disclosed therein.

Federal Income Tax Considerations. State Tax Considerations," "Summary of Terms--ERISA Considerations" and "ERISA Considerations," to the extent that they constitute statements of matters of law or legal conclusions with respect thereto, have been reviewed by such counsel and accurately describe the material consequences to holders of the Certificates under the Code and ERISA.