Interconnection Customer Payments Not Taxable. The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.
Interconnection Customer Payments Not Taxable. The Parties intend that all payments or property transfers made by Interconnection Customer to Transmission Owner for the installation of the Transmission Owner’s Interconnection Facilities, Network Upgrades, Transmission Owner’s System Protection Facilities, Distribution Upgrades and Generator Upgrades shall be non- taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws. To the extent that Transmission Owner is a limited liability company and not a corporation, and has elected to be taxed as a partnership, then the following shall apply: Transmission Owner represents, and the Parties acknowledge, that Transmission Owner is a limited liability company and is treated as a partnership for federal income tax purposes. Any payment made by Interconnection Customer to Transmission Owner for Network Upgrades is to be treated as an upfront payment in accordance with Rev Proc 2005-35. It is anticipated by the parties that any amounts paid by Interconnection Customer to Transmission Owner for Network Upgrades will be reimbursed to Interconnection Customer in accordance with the terms of this GIA, provided Interconnection Customer fulfills its obligations under this GIA.
Interconnection Customer Payments Not Taxable. 5.17.2 Representations And Covenants
Interconnection Customer Payments Not Taxable. The Interconnection Customer and Transmission Owner intend that all payments or property transfers made by Interconnection Customer to Transmission Owner for the installation of the Transmission Owner’s Attachment Facilities and the System Upgrade Facilities and the System Deliverability Upgrades shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.
Interconnection Customer Payments Not Taxable. The Affected System Operator intends that all payments or property transfers made by Interconnection Customers for the installation of the Affected System Upgrade Facilities shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.
Interconnection Customer Payments Not Taxable. Subject to Article 5.17.2, the Parties intend that all payments or property transfers made by Interconnection Customer to Transmission Provider for the installation of Transmission Provider's Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be non-taxable, consistent with status of Transmission Provider as a municipal entity under applicable tax law and regulations, provided, however, any such taxes imposed shall be the sole responsibility of Interconnection Customer. So long as Transmission Provider does not incur additional costs, Transmission Provider agrees to work with Interconnection Customer in good faith to cooperate in the completion of any procurement activities contemplated in Appendix A in a manner reasonably necessary to effectuate the intent of this Article.
Interconnection Customer Payments Not Taxable. Subject to Article 5.17.2, the Parties intend that all payments or property transfers made by Interconnection Customer to Transmission Provider for the installation of Transmission Provider's Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be non-taxable, consistent with status of Transmission Provider as a municipal entity under applicable tax law and regulations, provided, however, any such taxes imposed shall be the sole responsibility of Interconnection Customer. So long as Transmission Provider does not incur additional costs, Transmission Provider agrees to work with Interconnection Customer in good faith to cooperate in the completion of any procurement activities contemplated in Appendix A in a manner reasonably necessary to effectuate the intent of this Article. Premised on the representations, warranties, and covenants made by the Parties in Sections 28.2 and 28.3, the Parties agree that no California Sales & Use Tax or California documentary transfer tax is imposed on the transactions contemplated in this Agreement and thus, Interconnection Customer is not required to collect, and Transmission Provider is not required to pay, California Sales & Use Tax or California documentary transfer tax with respect to any Transfer Event.
Interconnection Customer Payments Not Taxable. The Affected System Operator and Interconnection Customer intend that all payments or property transfers made by Interconnection Customer for the installation of the Affected System Upgrade Facilities shall be non-taxable (a) for income Tax purposes, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income Tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income Tax laws, and (b) for sales Tax purposes, either as contributions to capital or as capital improvements, in accordance with any applicable state or local sales Tax laws, and shall not be taxable as a retail sale of property or otherwise under any applicable state or local sales Tax laws. Representations and Covenants. In accordance with IRS Notice 2001-82 and IRS Notice 88-129, Interconnection
Interconnection Customer Payments Not Taxable. The Parties intend that all payments or property transfers made by Interconnection Customer to JPP for the installation of JPP Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as an advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws, including any applicable laws for Joint Participants which are municipal entities .
Interconnection Customer Payments Not Taxable. The Parties intend that all payments or property transfers made by Interconnection Customer to Transmission Owners for the installation of Transmission Owners’ Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws. For the sake of clarity, the parties intend that no payments made by Interconnection Customer to IID shall be taxable to IID in accordance with IID’s tax exempt status.
