Common use of Tax Characterization and Returns Clause in Contracts

Tax Characterization and Returns. The Members acknowledge that the Company will be treated as a “partnership” for federal and Minnesota state income tax purposes. Within ninety (90) days after the end of each fiscal year, the Company shall deliver to each Person who was a Member at any time during such fiscal year a Form K-1 and such other information, if any, with respect to the Company as may be necessary for the preparation of such Member’s federal or state income tax (or information) returns, including a statement showing each Member’s share of income, gain, or loss and credits for such fiscal year for federal or state income tax purposes.

Appears in 4 contracts

Samples: Member Control Agreement (Dakota Plains Holdings, Inc.), Member Control Agreement (Dakota Plains Holdings, Inc.), Member Control Agreement (MCT Holding Corp)

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Tax Characterization and Returns. The Members acknowledge that the Company will be treated as a “partnership” for federal and Minnesota state income tax purposes. Within ninety (90) days a reasonable time after the end of each fiscal year, the Company shall deliver to each Person who was a Member at any time during such fiscal year a Form K-1 and such other information, if any, with respect to the Company as may be necessary for the preparation of such Member’s federal or state income tax (or information) returns, including a statement showing each Member’s share of income, gain, or loss and credits for such fiscal year for federal or state income tax purposes.

Appears in 2 contracts

Samples: Member Control Agreement (Dakota Plains Holdings, Inc.), Member Control Agreement (Dakota Plains Holdings, Inc.)

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