Unit Holder Minimum Gain Chargeback Sample Clauses
The Unit Holder Minimum Gain Chargeback clause requires that if a unit holder in a partnership or investment entity is allocated certain tax deductions or losses that result in a minimum gain, and that gain is later reduced or eliminated, the unit holder must be allocated income to offset the prior benefit. In practice, this means that if a unit holder previously benefited from nonrecourse deductions, they may be required to recognize income in future periods to ensure the partnership's tax allocations remain consistent with IRS regulations. This clause ensures compliance with tax rules by preventing unit holders from permanently avoiding taxable income through the use of nonrecourse deductions, thereby maintaining the integrity of the partnership's tax allocations.
Unit Holder Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(i)(4) of the Regulations, notwithstanding any other provision of this Article III, if there is a net decrease in Unit Holder Nonrecourse Debt Minimum Gain attributable to a Unit Holder Nonrecourse Debt during any Fiscal Year, each Unit Holder who has a share of the Unit Holder Nonrecourse Debt Minimum Gain attributable to such Unit Holder Nonrecourse Debt, determined in accordance with Section 1.704-2(i)(5) of the Regulations, shall be specially allocated items of Company income and gain for such Fiscal Year (and, if necessary, subsequent Fiscal Years) in an amount equal to such Unit Holder’s share of the net decrease in Unit Holder Nonrecourse Debt Minimum Gain, determined in accordance with Regulations Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Unit Holder pursuant thereto. The items to be so allocated shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-2(j)(2) of the Regulations. This Section 3.3(b) is intended to comply with the minimum gain chargeback requirement in Section 1.704-2(i)(4) of the Regulations and shall be interpreted consistently therewith.
Unit Holder Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(i)(4) of the Regulations, notwithstanding any other provision of this Section 3, if there is
Unit Holder Minimum Gain Chargeback. Except as otherwise provided in Regulations § 1.704-2(i)(4), if there is a net decrease in Holder Minimum Gain during any taxable year, each Unit holder that has a share of such Holder Minimum Gain shall be specially allocated items of income and gain for such taxable year (and, if necessary, subsequent taxable years) in an amount equal to that Unit holder’s share of the net decrease in Holder Minimum Gain. Items to be allocated pursuant to this paragraph shall be determined in accordance with Regulations §§ 1.704-2(i)(4) and 1.704-2(j)(2). The term “Holder Minimum Gain” has the meaning ascribed to “partner nonrecourse debt minimum gain” as set forth in Regulations § 1.704-2(i)(3). This paragraph is intended to comply with the minimum gain chargeback requirements in Regulations § 1.704-2(i)(4) and shall be interpreted consistently therewith.
Unit Holder Minimum Gain Chargeback. Except as otherwise provided in Regulation Section 1.704-2(i)(4), if, during any taxable year, there is a net decrease in Unit Holder Minimum Gain attributable to an Unit Holder Nonrecourse Liability during any taxable year, each Unit Holder who has a share of the Unit Holder Minimum Gain attributable to such Unit Holder Nonrecourse Liability shall be specially allocated items of gross income and gain for such taxable year (and, if necessary, subsequent taxable years) in an amount equal to that Unit Holder's share of the net decrease in the Unit Holder Minimum Gain. This allocation shall be made after the allocation under Section 4.4.1, and prior to any other allocation under this Section 4.4. Allocations of gross income and gain under this Section 4.4.2 shall be made first from gain recognized from the disposition of the Company assets subject to Unit Holder Nonrecourse