Common use of Determining Foreign Attributes Clause in Contracts

Determining Foreign Attributes. Without limiting the foregoing, AXP shall also determine the portion of any Foreign Attribute for the Ameriprise Group that is allocable to the taxable year ending December 31, 2005, provided, that such portion to be allocated will not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items, all as determined by AXP in good faith; and provided, further, that, without the prior written consent of AXP, Ameriprise and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Ameriprise Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. Ameriprise shall provide AXP with all information it requests to make any determination under this subsection (f). AXP will likewise share all information with Ameriprise necessary for Ameriprise to determine its share of the consolidated foreign Tax Credits for the taxable year ending December 31, 2005 and all prior taxable years.

Determining Foreign Attributes. Without limiting the foregoing, AXP the Parties shall also determine the portion of any Foreign Attribute for the Ameriprise SNI Group that is allocable to the taxable year ending December 31, 20052008, provided, that such portion to be allocated will not include any amount described in Section 951(a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items, all as determined by AXP in good faith; and provided, further, that, without the prior written consent of AXPEWS, Ameriprise such consent not being unreasonably withheld, SNI and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Ameriprise SNI Group greater than the minimum amount required by Section 904(f)(1) of the Code for any Affiliation Year. Ameriprise SNI shall provide AXP EWS with all information it reasonably requests to make any determination under this subsection (f). AXP EWS will likewise share all information with Ameriprise SNI necessary for Ameriprise SNI to determine its share of the consolidated foreign Tax Credits for the taxable year ending December 31, 2005 2008 and all prior taxable years.. SOLICITORS, 095070, 000093, 102408079.1, Tax Allocation Agreement (Conformed Signatures)

Determining Foreign Attributes. Without limiting the foregoing, AXP the Parties shall also determine the portion of any Foreign Attribute for the Ameriprise SNI Group that is allocable to the taxable year ending December 31, 20052008, provided, that such portion to be allocated will not include any amount described in Section 951(a951 (a) of the Code (relating to inclusions in income of controlled foreign corporation earnings) or any amount described in Section 1293(a) of the Code (relating to inclusions in income of qualified electing fund earnings), or any indirect foreign Tax Credit under Sections 960 and 1293(f) of the Code for foreign income Taxes deemed paid with respect to either of these items, all as determined by AXP in good faith; and provided, further, that, without the prior written consent of AXPEWS, Ameriprise such consent not being unreasonably withheld, SNI and its subsidiaries shall not elect to recapture an amount of taxable income from sources without the U.S. of any member of the Ameriprise SNI Group greater than the minimum amount required by Section 904(f)(1904(f)(l) of the Code for any Affiliation Year. Ameriprise SNI shall provide AXP EWS with all information it reasonably requests to make any determination under this subsection (f). AXP EWS will likewise share all information with Ameriprise SNI necessary for Ameriprise SNI to determine its share of the consolidated foreign Tax Credits for the taxable year ending December 31, 2005 2008 and all prior taxable years.