Ability to liquidate. Whether an in- terest can be liquidated immediately after the lapse is determined under the State law generally applicable to the entity, as modified by the governing instruments of the entity, but without regard to any restriction described in section 2704(b). Thus, if, after any re- striction described in section 2704(b) is disregarded, the remaining require- ments for liquidation under the gov- erning instruments are less restrictive than the State law that would apply in the absence of the governing instru- ments, the ability to liquidate is deter- mined by reference to the governing in- struments. (ii) Rights valued under section 2701. Section 2704(a) does not apply to the lapse of a liquidation right previously valued under section 2701 to the extent necessary to prevent double taxation (taking into account any adjustment available under § 25.2701–5). (iii) Certain changes in State law. Sec- tion 2704(a) does not apply to the lapse of a liquidation right that occurs solely by reason of a change in State law. For purposes of this paragraph, a change in the governing instrument of an entity is not a change in State law.
Appears in 3 contracts
Samples: Lease Agreement, Stock Disposition Agreement, Lease Agreement
Ability to liquidate. Whether an in- terest can be liquidated immediately after the lapse is determined under the State law generally applicable to the entity, as modified by the governing instruments of the entity, but without regard to any restriction described in section 2704(b). Thus, if, after any re- striction described in section 2704(b) is disregarded, the remaining require- ments for liquidation under the gov- erning instruments are less restrictive than the State law that would apply in the absence of the governing instru- ments, the ability to liquidate is deter- mined by reference to the governing in- struments.
(ii) Rights valued under section 2701. Section 2704(a) does not apply to the lapse of a liquidation right previously valued under section 2701 to the extent necessary to prevent double taxation (taking into account any adjustment available under § 25.2701–5).
(iii) Certain changes in State law. Sec- tion 2704(a) does not apply to the lapse of a liquidation right that occurs solely by reason of a change in State law. For purposes of this paragraph, a change in the governing instrument of an entity is not a change in State law.in
Appears in 1 contract
Samples: Internal Revenue Service Agreement
Ability to liquidate. Whether an in- terest can be liquidated immediately after the lapse is determined under the State law generally applicable to the entity, as modified by the governing instruments of the entity, but without regard to any restriction described in section 2704(b). Thus, if, after any re- striction described in section 2704(b) is disregarded, the remaining require- ments for liquidation under the gov- erning instruments are less restrictive than the State law that would apply in the absence of the governing instru- ments, the ability to liquidate is deter- mined by reference to the governing in- struments.
(ii) Rights valued under section 2701. Section 2704(a) does not apply to the lapse of a liquidation right previously valued under section 2701 to the extent necessary to prevent double taxation (taking into account any adjustment available under § 25.2701–5).
(iii) Certain changes in State lawla . Sec- tion 2704(a) does not apply to the lapse of a liquidation right that occurs solely by reason of a change in State law. For purposes of this paragraph, a change in the governing instrument of an entity is not a change in State law.
Appears in 1 contract
Samples: Stock Disposition Agreement
Ability to liquidate. Whether an in- terest can be liquidated immediately after the lapse is determined under the State law generally applicable to the entity, as modified by the governing instruments of the entity, but without regard to any restriction described in section 2704(b). Thus, if, after any re- striction described in section 2704(b) is disregarded, the remaining require- ments for liquidation under the gov- erning instruments are less restrictive than the State law that would apply in the absence of the governing instru- ments, the ability to liquidate is deter- mined by reference to the governing in- struments.
(ii) Rights valued under section 2701. Section 2704(a) does not apply to the lapse of a liquidation right previously valued under section 2701 to the extent necessary to prevent double taxation (taking into account any adjustment available under § 25.2701–5).
(iii) Certain changes in State lawla . Sec- tion 2704(a) does not apply to the lapse of a liquidation right that occurs solely by reason of a change in State law. For purposes of this paragraph, a change in the governing instrument of an entity is not a change in State law.
Appears in 1 contract
Samples: Property Conversion Agreement