Taxation Implications Sample Clauses

Taxation Implications. The parties to this agreement acknowledge that the Employee’s remuneration entitlement has been calculated on the basis that: 11.1 Yeoval Community Hospital Co-operative Ltd is not liable to pay Fringe Benefits Tax; 11.2 The ATO allows remuneration packaging as a legitimate tax planning measure. 11.3 The ATO has issued a draft policy taxation ruling which provides for a maximum amount which can be salary sacrificed without incurring Fringe Benefits Tax - at the date of this agreement, this salary sacrifice was $17,000 gross and $8,750 net per annum." 11.4 In the event that: (a) any legislation is introduced into Federal Parliament with the intent of removing PBI status of Yeoval Community Hospital Co-operative Ltd. (b) a tax liability arises, or is expected to arise, in relation to the salary sacrifice component of the Employee’s remuneration, whether by reason of fringe benefits tax, (however described), assessment of income in the hand of the Employee, or otherwise or, (c) government funding is reduced by an amount directly referable to salary sacrificing or; (d) ATO draft or final rulings, or guidelines, relating to salary sacrificing effect the ability of Yeoval Community Hospital Co-operative Ltd to enter salary-sacrificing arrangements with Employees that is financially advantageous for Yeoval Community Hospital Co-operative Ltd. 11.5 The following agreements will apply: (i) Yeoval Community Hospital Co-operative Ltd will notify the Employee in writing of the occurrence of an event referred to in 11.4(a) (b) (c) or (d) above; (ii) Yeoval Community Hospital Co-operative Ltd will enter negotiations with the HREA for a variation to the Enterprise Agreement; and (iii) Should the parties fail to reach agreement within three (3) months of the Employee receiving written notification referred to above; (a) After the expiry of the 3-month period, Yeoval Community Hospital Co-operative Ltd will pay the Employee the appropriate Award rate of pay at the Employee’s classification. The minimum level of superannuation at the relevant minimum award rate of pay into the employees nominated Superannuation Fund. (b) Yeoval Community Hospital Co-operative Ltd will continue to pay the minimum statutory superannuation contribution for the appropriate Award rate on behalf of the Employee into the employees Superannuation Fund. (iv) At the end of the 3 month period specified in sub-paragraph (iii) the Employer will not be liable to pay the salary or provide the fringe benef...
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Taxation Implications. There may be other taxation implications affecting You, depending upon Your own circumstances. We recommend that You seek independent professional advice. Some key words and terms used in this Policy have a special meaning as set out below: Word or term Meaning Accident/Accidental An incident that is unforeseen and unintended and that causes loss or Damage. This includes a series of Accidents arising out of the one event. Damage Any form of physical harm to the Vessel but does not include wear and tear or anything that was present before this Policy came into force. Excess An Excess is the amount of any claim which must be paid by You. If an Excess is applicable to any Sections of Your Policy the amount will be shown either on Your Policy Schedule or within this Policy document. This amount shall be deducted from the amount payable on each claim. Family Includes Your spouse or partner, the children, parents or other relatives of You or Your spouse or partner who live permanently with You. Hull The shell of the Vessel, deck, fixtures and fittings on deck or below deck that are not normally removable and would be normally sold with the Vessel. Please also refer to the Section ‘What is not coveredLegal liability Your legal responsibility arising out of the use of the Vessel to pay compensation for death, injury or Damage to Third Parties or their property. This responsibility only arises if You have done something wrong or You are at fault. Note: Refer to the Sections ‘What You are not covered for – Legal liability’ and ‘When You are not covered’. Omission A failure to act and includes a failure to do or say something. Period of insurance The period for which the cover under Your Policy is in force. You will find this Period of insurance set out in Your Policy Schedule. Permanent total disablement Means You have been unable to carry out any occupation for which You are fitted by reason of Your education, training or experience for a period of at least 12 consecutive months and You remain unable to do so for a continuous indefinite period solely and directly as a result of the injury. Personal effects As listed below: • clothing • waterproof gear, bags • food or beverage coolers • shoes • wallets or purses excluding cash and credit cardstoilet articles • hats or caps • keys or pens • portable MP3 players. Please also refer to the Section ‘What is not covered’. Policy Schedule The most recent document We give You and forms part of this Policy and which sho...
Taxation Implications. 6.2.1 Mission Australia and the employee acknowledge that remuneration entitlements have been calculated on the basis that Mission Australia is a Public Benevolent Institution (PBI) and exempt from Fringe Benefits Tax up to the capped amount per employee. The employee acknowledges that any fringe benefits provided through the Mission Australia Fringe Benefits Scheme may be classified as reportable fringe benefits and as such may appear on the employee's payment summary (nee group certificate). The employee is responsible for seeking financial advice regarding Fringe Benefits. 6.2.2 Should the Australian Taxation Office and/or the Australian Government change the arrangements with respect to the way in which PBIs are eligible for tax exemption, with respect to salary sacrifice and/or packaging, which has the effect of increasing the costs of Mission Australia providing salary packaging to the employee, then the following arrangements will apply: 6.2.3 Mission Australia will notify the employee in writing of the occurrence of the matters which adversely affect Mission Australia. 6.2.4 Mission Australia will advise the employees and the Union that it can no longer offer salary packaging on the same or similar terms as are existing at the date of this Agreement and will make an application to the Industrial Relations Commission to terminate this Agreement and the employees and the Union agree they shall consent to the termination of the Agreement only in these circumstances. 6.2.5 Should Mission Australia be unable to offer salary packaging, then: (a) Mission Australia will immediately commence paying the employee the appropriate award rate plus any increases for that award. (b) Mission Australia will continue to pay the statutory superannuation contributions for the appropriate award rate on behalf of the employee into the superannuation fund then nominated by Mission Australia.
Taxation Implications. The taxes and charges that apply to the Warranty will be shown on the Customer Contract & Declaration issued by us. The Per Claim Limit for each claim includes any GST payable for repairs and replacement.
Taxation Implications. 13.1 Interest earned on the Account is taxable. As the circumstances of each customer are different, we encourage you to seek independent tax advice.
Taxation Implications. Scholarships are tax exempt (for organisation and student) and should be primarily for education and not for labour. • The Australian Taxation Office guidelines prohibit the inclusion of conditions in the Scholarship Agreement that require recipients to undertake continued or future employment with the organisation. Should this be the case the arrangement can not be considered a scholarship and the student will not be eligible for tax exemption for their payment. • The University of Wollongong cannot enforce an employment relationship pertaining to Oak Flats Community Bank and/or the student as part of the Agreement. • Any direct payments to students for work are between Oak Flats Community Bank and the student and are separate from this scholarship.

Related to Taxation Implications

  • Tax Implications Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever.

  • FINANCIAL IMPLICATIONS There are no budget implications. The applicant will be responsible for all costs, expenses, liabilities and obligations imposed under or incurred in order to satisfy the terms of this proposed development agreement. The administration of the proposed development agreement can be carried out within the approved 2019- 2020 budget and with existing resources.

  • Illegal or Unauthorized Payments; Political Contributions Neither the Company nor any of its Subsidiaries nor, to the best of the Company’s knowledge (after reasonable inquiry of its officers and directors), any of the officers, directors, employees, agents or other representatives of the Company or any of its Subsidiaries or any other business entity or enterprise with which the Company or any Subsidiary is or has been affiliated or associated, has, directly or indirectly, made or authorized any payment, contribution or gift of money, property, or services, whether or not in contravention of applicable law, (i) as a kickback or bribe to any Person or (ii) to any political organization, or the holder of or any aspirant to any elective or appointive public office except for personal political contributions not involving the direct or indirect use of funds of the Company or any of its Subsidiaries.

  • Adverse Tax Consequences Notwithstanding anything to the contrary in this Agreement, the General Partner shall have the authority (but shall not be required) to take any steps it determines are necessary or appropriate in its sole and absolute discretion to prevent the Partnership from being taxable as a corporation for Federal income tax purposes. In addition, except with the Consent of the General Partner, no Transfer by a Limited Partner of its Partnership Interests (including any Redemption, any conversion of LTIP Units into Partnership Common Units, any other acquisition of Partnership Units by the General Partner or any acquisition of Partnership Units by the Partnership) may be made to or by any Person if such Transfer could (i) result in the Partnership being treated as an association taxable as a corporation; (ii) result in a termination of the Partnership under Code Section 708; (iii) be treated as effectuated through an “established securities market” or a “secondary market (or the substantial equivalent thereof)” within the meaning of Code Section 7704 and the Regulations promulgated thereunder, (iv) result in the Partnership being unable to qualify for one or more of the “safe harbors” set forth in Regulations Section 1.7704-1 (or such other guidance subsequently published by the IRS setting forth safe harbors under which interests will not be treated as “readily tradable on a secondary market (or the substantial equivalent thereof)” within the meaning of Section 7704 of the Code) (the “Safe Harbors”) or (v) based on the advice of counsel to the Partnership or the General Partner, adversely affect the ability of the General Partner to continue to qualify as a REIT or subject the General Partner to any additional taxes under Code Section 857 or Code Section 4981.

  • Taxation The Depositary will, and will instruct the Custodian to, forward to the Company or its agents such information from its records as the Company may reasonably request to enable the Company or its agents to file the necessary tax reports with governmental authorities or agencies. The Depositary, the Custodian or the Company and its agents may file such reports as are necessary to reduce or eliminate applicable taxes on dividends and on other distributions in respect of Deposited Securities under applicable tax treaties or laws for the Holders and Beneficial Owners. In accordance with instructions from the Company and to the extent practicable, the Depositary or the Custodian will take reasonable administrative actions to obtain tax refunds, reduced withholding of tax at source on dividends and other benefits under applicable tax treaties or laws with respect to dividends and other distributions on the Deposited Securities. As a condition to receiving such benefits, Holders and Beneficial Owners of ADSs may be required from time to time, and in a timely manner, to file such proof of taxpayer status, residence and beneficial ownership (as applicable), to execute such certificates and to make such representations and warranties, or to provide any other information or documents, as the Depositary or the Custodian may deem necessary or proper to fulfill the Depositary’s or the Custodian’s obligations under applicable law. The Holders and Beneficial Owners shall indemnify the Depositary, the Company, the Custodian and any of their respective directors, employees, agents and Affiliates against, and hold each of them harmless from, any claims by any governmental authority with respect to taxes, additions to tax, penalties or interest arising out of any refund of taxes, reduced rate of withholding at source or other tax benefit obtained. If the Company (or any of its agents) withholds from any distribution any amount on account of taxes or governmental charges, or pays any other tax in respect of such distribution (i.e., stamp duty tax, capital gains or other similar tax), the Company shall (and shall cause such agent to) remit promptly to the Depositary information about such taxes or governmental charges withheld or paid, and, if so requested, the tax receipt (or other proof of payment to the applicable governmental authority) therefor, in each case, in a form satisfactory to the Depositary. The Depositary shall, to the extent required by U.S. law, report to Holders any taxes withheld by it or the Custodian, and, if such information is provided to it by the Company, any taxes withheld by the Company. The Depositary and the Custodian shall not be required to provide the Holders with any evidence of the remittance by the Company (or its agents) of any taxes withheld, or of the payment of taxes by the Company, except to the extent the evidence is provided by the Company to the Depositary or the Custodian, as applicable. Neither the Depositary nor the Custodian shall be liable for the failure by any Holder or Beneficial Owner to obtain the benefits of credits on the basis of non-U.S. tax paid against such Holder’s or Beneficial Owner’s income tax liability. The Depositary is under no obligation to provide the Holders and Beneficial Owners with any information about the tax status of the Company. The Depositary shall not incur any liability for any tax consequences that may be incurred by Holders and Beneficial Owners on account of their ownership of the ADSs, including without limitation, tax consequences resulting from the Company (or any of its subsidiaries) being treated as a “Passive Foreign Investment Company” (in each case as defined in the U.S. Internal Revenue Code and the regulations issued thereunder) or otherwise.

  • Income Tax Characterization For purposes of federal income, state and local income and franchise and any other income taxes, the Issuer will, and each Noteholder by such Noteholder’s acceptance of any such Notes (and each Person who acquires an interest in any Notes through such Noteholder, by the acceptance by such Person of an interest in the applicable Notes) agrees to, treat the Notes that are characterized as indebtedness at the time of their issuance, and hereby instructs the Issuer to treat such Notes, as indebtedness for federal, state and other tax reporting purposes. Each Noteholder agrees that it will cause any Person acquiring an interest in a Note through it to comply with this Indenture as to treatment as indebtedness under applicable tax law, as described in this Section 3.21. The Notes will be issued with the intention that, for federal, state and local income and franchise tax purposes the Trust shall not be treated as an association or publicly traded partnership taxable as a corporation. The parties hereto agree that they shall not cause or permit the making, as applicable, of any election under Treasury Regulation Section 301.7701-3 (or any successor provision) whereby the Trust or any portion thereof would be treated as a corporation for federal income tax purposes. The provisions of this Indenture shall be construed in furtherance of the foregoing intended tax treatment.

  • Additional Tax Matters (a) Neither Parent nor any of its Subsidiaries has taken any action or knows of any fact (taking into account the terms contained in the Commercial Term Sheets and the terms of any other agreements or arrangements as described in the Separation Principles) that could reasonably be expected to prevent the Mergers from qualifying for the Intended Tax Treatment. Parent is making the foregoing representation and warranty after consultation with its Tax counsel and with full knowledge of the terms of this Agreement, the Commercial Term Sheets and the Separation Principles. The representations and warranties set forth in this Section 5.25(a) are made as of the Execution Date. (b) Neither the Company nor any of its Subsidiaries has taken any action or knows of any fact (taking into account the terms of the Commercial Term Sheets and the terms of any other agreements or arrangements as described in the Separation Principles) that could reasonably be expected to prevent the Mergers from qualifying for the Intended Tax Treatment. The Company is making the foregoing representation and warranty after consultation with its Tax counsel and with full knowledge of the terms of this Agreement, the Commercial Term Sheets and the Separation Principles. The representations and warranties set forth in this Section 5.25(a) are made as of the Execution Date. (c) Each of Parent and the Company shall, and shall cause its Subsidiaries to, use its reasonable best efforts to obtain the opinions set forth in Section 6.02(e) and Section 6.03(c), including by providing the certificates described in Section 6.02(e) and Section 6.03(c). (d) Each of Parent, the Company and SpinCo shall (and shall cause its respective Subsidiaries to) use its reasonable best efforts to cause the Mergers to qualify for the Intended Tax Treatment, including by not taking any action that could reasonably be expected to prevent such qualification. If either party discovers, after the date of this Agreement, any fact that could reasonably be expected to prevent the Mergers from qualifying for the Intended Tax Treatment, then (i) such party shall, as soon as possible, notify the other party and (ii) the parties shall cooperate in good faith and exercise their reasonable best efforts to effect the Transactions using an alternative structure that would be tax-free to the same extent as would have been the case had the Mergers qualified for the Intended Tax Treatment. (e) Beginning on the date that is 90 days following the date on which the S-4 Registration Statement becomes effective, and every 90 days thereafter until the date the Mergers are consummated, the Company shall deliver to Parent, and Parent shall deliver to the Company, a certificate, in form and substance reasonably satisfactory to the recipient, stating (i) in the case of the certificate of Parent, that (1) the representation set forth in Section 5.25(a) is true and correct as if made on the date of such certificate and (2) it has consulted with Cravath and Cravath has indicated that is expects to be able to deliver the opinion set forth in Section 6.02(e) and (ii) in the case of the certificate of the Company, that (1) the representation set forth in Section 5.25(b) is true and correct as if made on the date of such certificate and (2) it has consulted with Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP (“Skadden”) and Skadden has indicated that it expects to be able to deliver the opinion set forth in Section 6.03(c). (f) The Company shall reasonably consult with Parent regarding any material Tax planning strategies or transactions.

  • Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination.

  • No Legal, Tax or Investment Advice Such Purchaser understands that nothing in this Agreement or any other materials presented by or on behalf of the Company to such Purchaser in connection with the purchase of the Shares constitutes legal, tax or investment advice. Such Purchaser has consulted such legal, tax and investment advisors as it, in its sole discretion, has deemed necessary or appropriate in connection with its purchase of the Shares.

  • Tax Characterization Each party to this Agreement (a) acknowledges that it is the intent of the parties to this Agreement that, for accounting purposes and for all Federal, state and local income and franchise tax purposes, the Series 2009-1 Notes will be treated as evidence of indebtedness, (b) agrees to treat the Series 2009-1 Notes for all such purposes as indebtedness and (c) agrees that the provisions of the Related Documents shall be construed to further these intentions.

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