Common use of Federal Tax Elections Clause in Contracts

Federal Tax Elections. The Partnership, in the sole discretion of the General Partners, may make elections for federal tax purposes as follows: (i) In case of a transfer of all or part of the Partnership Interest of a Partner, the Partnership, in the absolute discretion of the General Partners, may timely elect pursuant to Section 754 of the Code (or corresponding provisions of future law) and pursuant to similar provisions of applicable state or local income tax laws, to adjust the basis of the assets of the Partnership. In such event, any basis adjustment attributable to such election shall be allocated solely to the transferee. (ii) All other elections, including but not limited to the adoption of accelerated depreciation or cost recovery methods, required or permitted to be made by the Partnership under the Code shall be made by the General Partners in such manner as will, in the opinion of the Accountants, be most advantageous to a majority in interest of the Limited Partners. The Partnership shall, to the extent permitted by applicable law and regulations, elect to treat as an expense for federal income tax purposes all amounts incurred by it for real estate taxes, interest and other charges which may, in accordance with applicable law and regulations, be considered as expenses.

Appears in 5 contracts

Samples: Agreement of Limited Partnership (Krupp Realty Fund LTD Iii), Agreement of Limited Partnership (Krupp Realty Fund LTD Iii), Agreement of Limited Partnership (Krupp Realty LTD Partnership V)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!