Minnesota Clause Defining Operating Expenses

State:
Multi-State
Control #:
US-OL19034B
Format:
Word; 
PDF
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Description

This office lease form is a clause regarding all direct and indirect costs incurred by the landlord in the operation, maintenance, repair, overhaul, and any owner's overhead in connection with the project.

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FAQ

The IRC § 382 limitation does not reduce the total amount of pre-change Minnesota net operating losses available for carryforward but, similar to federal treatment, restricts the amount of net operating losses from pre-change years that can be applied to the income in a post-change year.

Internal Revenue Code (IRC) section 382 limits a company's ability to use NOLs after a corporation is deemed to have an ownership change. Similar to the federal NOL limitations, the majority of states also place limitations on the NOL usage that may be more or less stringent than the federal limitation.

Duration limits; hazardous substance subdistricts. If a parcel of a district is part of a designated hazardous substance site or a hazardous substance subdistrict, tax increment may be paid to the authority from the parcel for longer than the period otherwise provided by subdivisions 1 to 1f for the overlying district.

Minnesota follows this minimum wage protection approach under its state law, but also requires that employers reimburse all business expenses incurred by employees (which include ?equipment? and ?consumable supplies? used in employment) upon termination.

(a) No deduction shall be allowed for or with respect to losses connected with income producing activities if the income therefrom would not be required to be either assignable to this state or included in computing the taxpayer's taxable net income. (b) A net operating loss deduction shall not be allowed.

Section 382 of the Internal Revenue Code generally requires a corporation to limit the amount of its income in future years that can be offset by historic losses, i.e., net operating loss (NOL) carryforwards and certain built-in losses, after a corporation has undergone an ownership change.

Sections 382 and 383 together limit the use of net operating losses (NOLs), and certain other tax attributes, by corporations. These provisions apply after a corporation undergoes an ownership change (i.e., a greater than 50% increase in stock ownership over, generally, a three-year period).

Section 382 says that the maximum allowable annual usage of a Target's NOLs equals the Equity Purchase Price * the Maximum of the Past 3 Months' ?Adjusted Long-Term Rates.? For example, let's say the Target's Equity Value or Market Cap is $500 million. This Target also has $100 million in NOLs.

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Minnesota Clause Defining Operating Expenses