Federal Income Tax Considerations definition

Federal Income Tax Considerations section of the Offering Circular for all U.S. federal, state and local income tax purposes and will take no action inconsistent with such treatment unless required by law.

Federal Income Tax Considerations and "Risk Factors - Our Status as a REIT is dependent on compliance with federal income tax requirements," insofar as such statements summarize legal matters, agreements, documents or proceedings discussed therein, are accurate and fair summaries of such legal matters, agreements, documents or proceedings.

Federal Income Tax Considerations and "Recent Tax Developments," insofar as they constitute descriptions of the Partnership Agreements or refer to statements of law or legal conclusions, are accurate and complete in all material respects.

Examples of Federal Income Tax Considerations in a sentence

• Subject to an exemption discussed in “U.S. Federal Income Tax Considerations – Gross Income Tests – Interest Income,” if the outstanding principal balance of a mortgage loan during the taxable year exceeds the deemed value of the real property securing the loan at the time we committed to acquire the loan, a portion of the interest accrued during the year will not be qualifying mortgage interest for the 75% income test and a portion of such loan likely will not be a qualifying real estate asset.

• Based on the foregoing, and subject to the limitations, qualifications and assumptions set forth herein, the discussion set forth in the Retail Prospectus Supplement under the heading "Material United States Federal Income Tax Considerations," to the extent describing matters of United States federal income tax law or legal conclusions with respect thereto, is our opinion.

• The foregoing opinion is limited to the specific matter covered hereby and does not apply to any other matters discussed under the heading "Federal Income Tax Considerations." This opinion is based upon existing State of Texas statutes and regulations and positions of the Texas State Comptroller of Public Accounts as of the date hereof, all of which are subject to change, both retroactively or prospectively.

• In addition, these opinions are conditioned upon certain representations made by Crescent Equities and the Operating Partnership as to factual and other matters as set forth in a letter submitted to us and in the discussion of "Federal Income Tax Considerations" in the Prospectus.

• It is our opinion that the description of the federal income tax considerations discussed under the heading "Federal Income Tax Considerations" in the Prospectus is accurate and fairly summarizes the federal income tax considerations that are likely to be material to a holder of Common Shares.

More Definitions of Federal Income Tax Considerations

Federal Income Tax Considerations section of the Offering Circular for U.S. federal, state and local income tax purposes and will take no action inconsistent with such treatment unless required by law. Such Class A-L Lender agrees to provide the Borrower, the Loan Agent and the Trustee with certifications necessary to establish that it is not subject to withholding tax under FATCA; provided that nothing herein shall impose an obligation on the part of the Loan Agent or the Trustee to determine the amount of any tax or withholding obligation on the part of the Borrower or in respect of the Debt. Such Class A-L Lender agrees to timely furnish the Borrower, the Loan Agent, the Trustee or their agents any tax form or certification (such as IRS Form W-9, the applicable IRS Form W-8, or any successors to such IRS forms) that the Borrower, the Loan Agent, the Trustee or their agents may reasonably request, and any documentation, agreements, certifications or information that is reasonably requested by the Borrower, the Loan Agent, the Trustee or their agents (A) to permit the Borrower, the Loan Agent, the Trustee or their agents to make payments to it without, or at a reduced rate of, deduction or withholding, (B) to enable the Borrower or its agents to qualify for a reduced rate of withholding or deduction in any jurisdiction from or through which the Borrower or its agents receive payments, and (C) to enable the Borrower, the Loan Agent, the Trustee or their agents to satisfy reporting and other obligations under the Code and Treasury regulations (including any cost basis reporting obligations), or any other law, and shall update or replace such documentation and information as appropriate or in accordance with its terms or subsequent amendments. Such Class A-L Lender acknowledges that the failure to provide, update or replace any such documentation or information may result in the imposition of withholding or back up withholding upon payments to such holder. Amounts withheld pursuant to applicable tax laws will be treated as having been paid to a holder by the Borrower. In addition, such Class A-L Lender agrees that the Borrower may provide information to the IRS or any other taxing authority regarding such Class A-L Lender’s investment in the Class A-L Loans.

Federal Income Tax Considerations. The following discussion is a summary of certain current U.S. federal income tax consequences relating to the restricted stock award. This discussion does not purport to be complete, and does not cover, among other things, foreign, state and local tax treatment. No income is recognized upon receipt of the award of Shares. Upon vesting of the Shares, net income equal to the fair market value of Shares is recognized. However, if you make a Code Section 83(b) election within 30 days of the grant of the Shares, you will recognize ordinary income equal to the fair market value of the Shares at the date of the grant. The capital gain or loss holding period for the Shares will begin when ordinary income is recognized, and any subsequent capital gain or loss will be measured by the difference between the ordinary income recognized and the amount received upon sale or exchange of the shares. Payroll taxes (Social Security and Medicare taxes) will be due upon vesting of the Shares, or earlier if an 83(b) election is made, based upon the fair market value of the Shares at that time.

Federal Income Tax Considerations and "Shares Available for Future Sale," to the extent that it constitutes matters of law or legal conclusions, has been reviewed by such counsel and is a fair summary of such matters and conclusions; and the form of certificates evidencing the Common Stock and filed as an exhibit to the Registration Statement complies with Maryland law;

Federal Income Tax Considerations. (other than statements regarding Texas tax considerations under the subcaption "--Other Tax Considerations") contained in the Prospectus, and "Certain Federal Income Tax Considerations" contained in the Prospectus, to the extent they constitute matters of law, descriptions of statues, rules or regulations, or legal conclusions, each, respectively, fairly presents in all material respects the information disclosed therein.

Federal Income Tax Considerations and "Certain United States Tax Considerations for Non-U.S. Shareholders," to the extent that it constitutes matters of law or legal conclusions, has been reviewed by such counsel and is correct in all material respects.

Federal Income Tax Considerations section of the Offering Circular for all U.S. federal, state and local income tax purposes and will take no action inconsistent with such treatment unless required by law.[It represents and warrants that, for so long as it holds such Note or any interest therein, it is not and is not acting on behalf of a Benefit Plan Investor, as defined in 29 C.F.R. Section 2510.3-101, as modified by Section 3(42) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). It further represents and warrants that, if it is a governmental, church, non-U.S. or other plan subject to any law or restriction substantially similar to the prohibited transaction provisions of Section 406 of ERISA or Section 4975 of the Code (“Other Plan Law”), it is not subject to any federal, state, local, non-U.S. or other law or regulation that could cause the underlying assets of the Issuer to be treated as assets of the investor in the Notes by virtue of its interest therein and thereby subject the Issuer or the Collateral Manager (or other Persons responsible for the investment and operation of the Issuer’s assets) to Other Plan Law and its acquisition, holding and disposition of such Notes do not and will not constitute or result in a non-exempt violation of any Other Plan Law.]2 1 Insert only for Class A-R, Class B-R and Class C-R Notes. If the Issuer previously received an opinion of nationally recognized tax counsel to the effect that the Class D-R Notes being acquired will be treated as indebtedness for U.S. federal tax purposes, insert into Class D-R Notes.

Federal Income Tax Considerations in the Offering Circular and will take no action inconsistent with such treatment, unless otherwise required by any relevant taxing authority.