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.
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.
Based on the foregoing, and subject to the limitations, qualifications and assumptions set forth herein, the discussion set forth in the Retail Prospectus Supplement under the heading "Material United States Federal Income Tax Considerations," to the extent describing matters of United States federal income tax law or legal conclusions with respect thereto, is our opinion.
More Definitions of Federal Income Tax Considerations
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-A Lender 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-A 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-A 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-A Lender agrees that the Borrower may provide information to the IRS or any other taxing authority regarding such Class A-L-A Lender’s investment in the Class A-L-A Loans. (k) [Reserved]. (l) [Reserved]. (m) Each Class A-L-A Lender acknowledges that the Borrower may receive a list of Class A-L-A Lenders from the Registrar. (n) Each Class A-L-A Lender agrees that (i) any sale, pledge or other tr...
Federal Income Tax Considerations and "Certain Federal Income Tax Considerations" 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 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. 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. (other than statements regarding Texas tax considerations under the subcaption "- Other Tax Considerations") contained in the Prospectus, to the extent they constitute matters of law, descriptions of statutes, rules or regulations, or legal conclusions, each, respectively, fairly presents in all material respects the information disclosed therein.
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") to the extent they constitute matters of law, descriptions of statutes, rules or regulations, or legal conclusions, each, respectively, fairly presents in all material respects the information disclosed therein. We have been advised by the New York Stock Exchange, Inc. that the Shares are duly authorized for listing, subject to official notice of issuance. We have been advised by the staff of the Commission that the Registration Statement and all post-effective amendments, if any, have become effective under the Act as of _____ __, 1997 and, to the best of our knowledge, no stop order suspending the effectiveness of the Registration Statement has been issued and no proceedings for that purpose are pending before or contemplated by the Commission, and any required filing of the Prospectus. In addition, we have participated in certain conferences with officers and other representatives of the Company, the Operating Partnership, the Subsidiaries, the Lessee, representatives of the Company's independent accountants and with you and your representatives and counsel in connection with the preparation of the Registration Statement at which the contents of the Registration Statement, and the Prospectus therein and related matters were discussed and, although we have not verified independently and, therefore, do not assume any responsibility, explicitly or implicitly, for the accuracy, completeness or fairness of the statements contained in the Registration Statement or the Prospectus, on the basis of the foregoing, nothing has come to our attention during the course of the above-described process that has caused us to believe that the Registration Statement at the time the Registration Statement became effective, or the Prospectus, as of its date and the date hereof, contained or contains any untrue statement of a material fact or omitted or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (other than information omitted therefrom in reliance on Rule 430A under the Act), except that we express no opinion, view or belief with respect to the financial statements and the notes thereto and the schedules and the other financial, accounting or statistical data included in or excluded from the Registration Statement or the Prospect...