Accountants; Tax Returns. The General Partner shall also engage such nationally recognized firm of independent certified public accountants approved by the Executive Committee as provided in Section 3.4 hereof to review, or to sign as preparer, all federal, state and local tax returns which the Partnership is required to file. The General Partner will furnish to each Partner within one hundred twenty (120) days after the end of each calendar year, or as soon thereafter as is practicable, a Schedule K-1 or such other statement as is required by the Internal Revenue Service which sets forth such Partner’s share of the profits or losses and other relevant fiscal items of the Partnership for such fiscal year. If requested by a Partner, the General Partner shall deliver to such Partner copies of any federal, state and local income tax returns and information returns which the Partnership is required to file.
Accountants; Tax Returns. The Manager shall engage Deloitte & Touche LLP or such other nationally recognized independent registered public accounting firm selected by the Manager and approved by the Members to review, or to sign as preparer, all federal, state and local Tax Returns that the Venture is required to file. The Manager will furnish to each Member within 120 days after the end of each fiscal year, or as soon thereafter as is practicable, a Schedule K-1 or such other statement as is required by the Internal Revenue Service that sets forth such Member’s share of the income, gain, loss, deduction and other relevant fiscal items of the Venture for such fiscal year. Each Member shall be entitled to receive, upon request, copies of all federal, state and local income Tax Returns and information returns, if any, that the Venture is required to file.
Accountants; Tax Returns. (a) Subject to Section 7.3(a), the Managing Member shall engage such firm of independent certified public accountants selected by the Managing Member to review, or to sign as preparer, all federal, state and local tax returns which the Company is required to file. The Managing Member will furnish to each Member within 120 days after the end of each calendar year, or as soon thereafter as is practicable, a Schedule K-1 or such other statement as is required by the Internal Revenue Service which sets forth such Member’s share of the profits or losses and other relevant fiscal items of the Company for such fiscal year. If requested by a Member, the Managing Member shall deliver to such Member copies of any federal, state and local income tax returns and information returns which the Company is required to file.
(b) Each Member agrees to report, on its own income tax returns each year, each item of income, gain, loss, deduction and credit as reported by the Company to such Member on the Schedule K-1 (or other similar tax report) issued by the Company to such Member for such year. Except as otherwise required by law, no Member shall take any tax reporting position that is inconsistent in any respect with any tax reporting positions taken by the Company or any entity in which the Company owns any equity interest, and, in the event of a breach by such Member of the provisions of this Section 8.3(b), such Member shall be liable to the Company and the other Members for any costs, liabilities and damages (including, without limitation, consequential damages) incurred by any of them on account of such breach.
Accountants; Tax Returns. The Manager shall also engage such nationally recognized firm of independent certified public accountants approved by the Members as provided in Section 4.9 hereof to review, or to sign as preparer, all federal, state and local tax returns which the Company is required to file. The Manager will furnish to each Member within one hundred (100) days after the end of each calendar year, or as soon thereafter as is practicable, a Schedule K-1 or such other statement as is required by the Internal Revenue Service which sets forth such Member's share of the profits or losses and other relevant fiscal items of the Company for such fiscal year. The Manager shall deliver to the Members copies of all federal, state and local income tax returns and information returns, if any, which the Company is required to file.
Accountants; Tax Returns. (a) The Managing General Partner shall engage such nationally recognized firm of independent certified public accountants as required by Section 4.8 hereof to review, or to sign as preparer, all federal, state and local tax returns which the Partnership is required to file.
(b) On or before January 15th of each year, the Managing General Partner shall prepare and distribute to the Partners a statement of the Partnership's estimated taxable earnings for the prior calendar year.
(c) The Managing General Partner will furnish to each Partner within forty-five (45) days after the end of each calendar year, or as soon thereafter as is practicable, a Schedule K-1 or such other statement as is required by the Internal Revenue Service which sets forth such Partner's share of the profits or losses and other relevant fiscal items of the Partnership for such fiscal year.
(d) The Managing General Partner shall deliver to the Partners copies of all federal, state and local income tax returns and information returns, if any, which the Partnership is required to file.
Accountants; Tax Returns. The General Partner shall engage Ernst & Young LLP or such other nationally recognized independent registered public accounting firm selected by the General Partner and approved by the Advisory Committee to review, or to sign as preparer, all U.S. federal, state and local Tax Returns that the Partnership is required to file. The General Partner will furnish to each Partner within 120 days after the end of each fiscal year, or as soon thereafter as is practicable, a Schedule K‑1 or such other statement as is required by the Internal Revenue Service that sets forth such Partner’s share of the income, gain, loss, deduction and other relevant fiscal items of the Partnership for such fiscal year. Each Partner shall be entitled to receive, upon request, copies of all U.S. federal, state and local income Tax Returns and information returns, if any, that the Partnership is required to file.
Accountants; Tax Returns. The Manager shall engage Ernst & Young LLP or such other nationally recognized independent registered public accounting firm selected by the Manager and approved by the Members to review, or to sign as preparer, all federal, state and local Tax Returns that the Venture is required to file. The Manager will furnish to each Member within 120 days after the end of each fiscal year, or as soon thereafter as is practicable, a Schedule K‑1 or such other statement as is required by the Internal Revenue Service that sets forth such Member’s share of the income, gain, loss, deduction and other relevant fiscal items of the Venture for such fiscal year. Each Member shall be entitled to receive, upon request, copies of all federal, state and local income Tax Returns and information returns, if any, that the Venture is required to file.
Accountants; Tax Returns. (a) The Manager shall engage Ernst & Young LLP or such other nationally recognized independent registered public accounting firm selected by the Manager and approved by the Advisory Committee to review, or to sign as preparer, all federal, state and local Tax Returns that the Venture is required to file. The Manager will cause to be furnished to each Member within one hundred twenty (120) days after the end of each fiscal year a Schedule K-1 or such other statement as is required by the IRS that sets forth such Member’s share of the income, gain, loss, deduction and other relevant fiscal items of the Venture for such fiscal year. Each Member shall be entitled to receive, upon request, copies of all federal, state and local income Tax Returns and information returns, if any, that the Venture is required to file.
(b) The Venture shall cause the Subsidiary REIT and each Sub-Sub REIT to prepare and timely file all applicable Tax Returns and amendments thereto required to be filed by such Persons. Each Member shall have a reasonable opportunity to review prior to filing all such Tax Returns and amendments thereto.
(c) Effective on or before January 31, 2013, Manager shall cause each of Behringer Harvard West Village Project Owner, LLC, Behringer Harvard Stonegate, LLC and Behringer Harvard Argenta, LLC (each, a “Waterford SPE”) to file a valid election pursuant to Treasury Regulations Section 301.7701-3(c) to be treated as an association taxable as a corporation for U.S. federal income tax purposes. Manager shall cause each Waterford SPE to file, on its Tax Return for the taxable year beginning on the first day such Waterford SPE is treated as an association taxable as a corporation, an election pursuant to Section 856(c)(1) of the Code to be treated as a REIT.
(d) The Manager shall cause the Venture to be treated as a partnership for federal income tax purposes that is not a “publicly traded partnership” within the meaning of Section 7704 of the Code and will not elect to be classified as a corporation for U.S. federal income tax purposes. The Manager shall cause the manager of the Subsidiary REIT and each Sub-Sub REIT to use commercially reasonable efforts to prevent the Subsidiary REIT and each Sub-Sub REIT (upon such Sub-Sub REIT making a valid election to be treated as an association taxable as a corporation pursuant to Section 13.5(c)) from engaging in any “prohibited transaction” within the meaning of Section 857(b)(6) of the Code.
Accountants; Tax Returns. (a) The Manager shall engage Ernst & Young LLP or such other nationally recognized independent registered public accounting firm selected by the Manager and approved by the Advisory Committee to review, or to sign as preparer, all federal, state and local Tax Returns that the Venture is required to file. The Manager will cause to be furnished to each Member within one hundred twenty (120) days after the end of each fiscal year a Schedule K-1 or such other statement as is required by the IRS that sets forth such Member’s share of the income, gain, loss, deduction and other relevant fiscal items of the Venture for such fiscal year. Each Member shall be entitled to receive, upon request, copies of all federal, state and local income Tax Returns and information returns, if any, that the Venture is required to file.
(b) The Venture shall cause the Subsidiary REIT to prepare and timely file all Tax Returns and amendments thereto required to be filed by the Subsidiary REIT. MWP shall have a reasonable opportunity to review prior to filing all such Tax Returns and amendments thereto.
(c) The Manager shall cause the Venture to be treated as a partnership for federal income tax purposes that is not a “publicly traded partnership” within the meaning of Section 7704 of the Code and will not elect to be classified as a corporation for U.S. federal income tax purposes. The Manager shall cause the manager of the Subsidiary REIT to use commercially reasonable efforts to prevent the Subsidiary REIT from engaging in any “prohibited transaction” within the meaning of Section 857(b)(6) of the Code.
Accountants; Tax Returns. The Managing General Partner shall also engage such nationally recognized firm of independent certified public accountants approved by the General Partners as provided in Section 4.9 hereof to review, or to sign as preparer, all federal, state and local tax returns which the Partnership is required to file. The Managing General Partner will furnish to each Partner within one hundred (100) days after the end of each calendar year, or as soon thereafter as is practicable, a Schedule K-1 or such other statement as is required by the Internal Revenue Service which sets forth such Partner's share of the profits or losses and other relevant fiscal items of the Partnership for such fiscal year. The Managing General Partner shall deliver to the Partners copies of all federal, state and local income tax returns and information returns, if any, which the Partnership is required to file.
