Common use of Federal Income Tax Allocations Clause in Contracts

Federal Income Tax Allocations. If the Trust Certificates are held by more than one Person, for federal income tax purposes each item of income, gain, loss, credit and deduction shall be allocated to the Certificateholders as of the first Record Date following the end of such month in proportion to their Certificate Percentage Interests on such Record Date. The Depositor is authorized to modify the allocations in this paragraph if necessary or appropriate, in its sole discretion, for the allocations to fairly reflect the economic income, gain or loss to the Certificateholders or otherwise required by the Code. Notwithstanding anything provided in this Section, if the Trust Certificates are held solely by the Depositor, the application of this Section shall be disregarded.

Appears in 18 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2016-A), Trust Agreement (BMW Vehicle Owner Trust 2016-A), Trust Agreement (BMW Fs Securities LLC)

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Federal Income Tax Allocations. If the Trust Certificates are held by more than one Person, for U.S. federal income tax purposes each item of income, gain, loss, credit and deduction shall be allocated to the Certificateholders as of the first Record Date following the end of such month in proportion to their Certificate Percentage Interests on such Record Date. The Depositor is authorized to modify the allocations in this paragraph if necessary or appropriate, in its sole discretion, for the allocations to fairly reflect the economic income, gain or loss to the Certificateholders or otherwise required by the Code. Notwithstanding anything provided in this Section, if the Trust Certificates are held solely by the Depositor, the application of this Section shall be disregarded.

Appears in 3 contracts

Samples: Trust Agreement (BMW Fs Securities LLC), Trust Agreement (BMW Vehicle Owner Trust 2018-A), Trust Agreement (BMW Vehicle Owner Trust 2018-A)

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Federal Income Tax Allocations. If the Trust Certificates are held by more than one Person, for federal income tax purposes each item of income, gain, loss, credit and deduction shall be allocated to the Certificateholders as of the first Record Date following the end of such month in proportion to their Certificate Percentage Interests on such Record Date. The Depositor is authorized to modify the allocations in this paragraph if necessary or appropriate, in its sole discretion, for the allocations to fairly reflect the economic income, gain or loss to the Certificateholders or otherwise required by the Code. Notwithstanding anything provided in this SectionSection 2.11, if the Trust Certificates are held solely by the Depositor, the application of this Section 2.11 shall be disregarded.

Appears in 3 contracts

Samples: Trust Agreement (BMW Vehicle Owner Trust 2002-A), Trust Agreement (BMW Vehicle Owner Trust 2001-A), Trust Agreement (BMW Vehicle Owner Trust 2001-A)

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