Common use of PREPARATION AND FILING OF INCOME TAX RETURNS AND OTHER WRITINGS Clause in Contracts

PREPARATION AND FILING OF INCOME TAX RETURNS AND OTHER WRITINGS. The Company's treasurer shall cause the preparation and timely filing of all Company tax returns, shall, on behalf of the Company, make such tax elections (including, without limitation, any election under Section 754 of the Code), determinations and allocations which he or she, in his or her sole and absolute discretion, deems to be appropriate and shall timely make all other filings required by any governmental authority having jurisdiction to require such filing, the cost of which shall be borne by the Company. Copies of such returns shall be furnished to the Members within a reasonable period of time after the end of each Fiscal Year of the Company. A Form K-1, prepared by the Company's accountants, shall be delivered to the Members within ninety (90) days after the expiration of each Fiscal Year of the Company. This form shall show the allocation of profit or loss of the Company for federal income tax purposes, including all separately stated items, to each Member. No election shall be made by the Company or any Member to be excluded from the application of the provisions of subchapter K of the Code or from any similar provision of state tax laws.

Appears in 3 contracts

Samples: Operating Agreement (Onepoint Communications Corp /De), Operating Agreement (Onepoint Communications Corp /De), Operating Agreement (Onepoint Communications Corp /De)

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PREPARATION AND FILING OF INCOME TAX RETURNS AND OTHER WRITINGS. The Company's treasurer shall cause the preparation and timely filing of all Company tax returns, shall, on behalf of the Company, make such tax elections (including, without limitation, any election under Section 754 of the Code), determinations and allocations which he or she, in his or her sole and absolute discretion, deems to be appropriate and shall timely make all other filings required by any governmental authority having jurisdiction to require such filing, the cost of which shall be borne by the Company. Copies of such returns shall be furnished to the Members within a reasonable period of time after the end of each Fiscal Year of the Company. A Form K-1, prepared by the Company's accountantsAccountants, shall be delivered to the Members within ninety (90) days after the expiration of each Fiscal Year year of the Company. This form shall show the allocation of profit or loss of the Company for federal income tax purposes, including all separately stated items, to each Member. No election shall be made by the Company or any Member to be excluded from the application of the provisions of subchapter K of the Code or from any similar provision of state tax laws.

Appears in 1 contract

Samples: Operating Agreement (Onepoint Communications Corp /De)

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