Final Determination definition

Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (i) a final and unappealable decision, judgment, decree or other order by any court of competent jurisdiction; (ii) a final settlement with the IRS, a closing agreement or accepted offer in compromise under section 7121 or section 7122 of the Code, or a comparable agreement under the laws of other jurisdictions, which resolves the entire Tax liability for any taxable period; (iii) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund may be recovered by the jurisdiction imposing the Tax; or (iv) any other final disposition, including by reason of the expiration of the applicable statute of limitations.

Final Determination means the final resolution of liability for any Tax, which resolution may be for a specific issue or adjustment or for any Tax Period, (i) by IRS Form 870 or 870-AD (or any successor forms thereto), on the date of acceptance by or on behalf of the taxpayer, or by a comparable form under the laws of a state, local, or foreign taxing jurisdiction, except that a Form 870 or 870-AD or comparable form shall not constitute a Final Determination to the extent that it reserves (whether by its terms or by operation of law) the right of the taxpayer to file a claim for refund or the right of the Tax Authority to assert a further deficiency in respect of such issue or adjustment or for such Tax Period (as the case may be); (ii) by a decision, judgment, decree, or other order by a court of competent jurisdiction, which has become final and unappealable; (iii) by a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the laws of a state, local, or foreign taxing jurisdiction; (iv) by any allowance of a refund or credit in respect of an overpayment of a Tax, but only after the expiration of all periods during which such refund may be recovered (including by way of offset) by the jurisdiction imposing such Tax; (v) by a final settlement resulting from a treaty-based competent authority determination; or (vi) by any other final disposition, including by reason of the expiration of the applicable statute of limitations, the execution of a pre-filing agreement with the IRS or other Tax Authority, or by mutual agreement of the Parties.

Final Determination shall have the meaning set forth in the Tax Matters Agreement.

Examples of Final Determination in a sentence

• On February 20, 2018, Xxxxxxx received the Final Determination by the SRI No. 17201824900154057, which concluded that the income tax exemption contemplated in the Free Trade Zone Law - LZF, for free zone users, was not applicable for Quiport and that it should pay approximately US$7.6 million plus interest with respect to the income tax for the 2013.

• Regarding the 2015 fiscal year, on January 16, 2019, Quiport received the Final Determination No. 17201924900048637 from SRI, which concluded that the income tax exemption contemplated in the Free Trade Zone Law - LZF, for free zone users, was not applicable to Quiport and that it should cancel approximately US $17 million plus interest with respect to the 2015 income tax.

• With respect to fiscal year 2018, on February 27, 2023, Quiport received Final Determination No. 17202324900222567 from the SRI, which concluded that the income tax exemption contemplated in the LZF, for free zone users, was not applicable to Quiport and that it should cancel approximately US$29.4 million plus interest with respect to the 2018 income tax.

• In connection with the 2013 income tax dispute, on March 22, 2018, pursuant to the Concession Agreement, Quiport notified the Municipality and EPMSA that the SRI's Final Determination for the 2013 tax year constitutes a Political Event under the Concession Agreement.

• With respect to the 2014 fiscal year, on November 26, 2018, Quiport received SRI Final Determination No. 17201824901288349, which concluded that the income tax exemption contemplated in the Free Trade Zone Law - LZF, for free zone users, was not applicable to Quiport and that it should pay approximately US$10 million plus interest in relation to the 2014 income tax.

More Definitions of Final Determination

Final Determination means a determination within the meaning of Section 1313 of the Code or any similar provision of state or local Tax Law.

Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

Final Determination. As defined in Section 9.03(a) hereof.

Final Determination means (i) a decision, judgment, decree or other order by any court of competent jurisdiction that occurs pursuant to the provisions of Section 8.3.4, which decision, judgment, decree or other order has become final and unappealable, (ii) a closing agreement or settlement agreement entered into in accordance with Section 8.3.4 that has become binding and is not subject to further review or appeal (absent fraud, misrepresentation, etc.), or (iii) the termination of administrative proceedings and the expiration of the time for instituting a claim in a court proceeding.

Final Determination means (A) a decision, judgment, decree or other order by a court or other tribunal with appropriate jurisdiction, which has become final and non-appealable; (B) a final and binding settlement or compromise with an administrative agency with appropriate jurisdiction, including, but not limited to, a closing agreement under Section 7121 of the Code; (C) any disallowance of a claim for refund or credit in respect to an overpayment of tax unless a suit is filed on a timely basis; or (D) any final disposition by reason of the expiration of all applicable statutes of limitations.

Final Determination means the final resolution of liability for any Tax for any taxable period, including any related interest or penalties, by or as a result of: (i) a final and unappealable decision, judgment, decree or other order by any court of competent jurisdiction; (ii) a closing agreement or accepted offer in compromise under Section 7121 or 7122 of the Code, or comparable agreement under the laws of other jurisdictions which resolves the entire Tax liability for any taxable period; (iii) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund may be recovered by the jurisdiction imposing the Tax; or (iv) any other final disposition.

Final Determination means the final resolution of any Tax matter. A Final Determination shall result from the first to occur of: