LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...
LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...
LDK Solar Co., Ltd. - Asia Europe Clean Energy (Solar) Advisory Co ...
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TAXATION<br />
The following summary of material Cayman Islands and United States federal tax consequences of an<br />
investment in our ordinary shares or ADSs is based upon laws and relevant interpretations thereof in effect as<br />
of the date of this prospectus, all of which are subject to change. This summary does not deal with all possible<br />
tax consequences relating to an investment in our ordinary shares or ADSs, such as the tax consequences<br />
under state, local and other tax laws. To the extent that the discussion relates to matters of Cayman Islands<br />
tax law, it represents the opinion of <strong>Co</strong>nyers Dill & Pearman, special Cayman Islands counsel to us. To the<br />
extent the discussion relates to matters of United States law or legal conclusions and subject to the<br />
qualifications herein, it represents the opinion of Sidley Austin LLP, our special U.S. counsel.<br />
Cayman Islands Taxation<br />
The Cayman Islands currently levies no taxes on individuals or corporations based upon profits, income,<br />
gains or appreciation and there is no taxation in the nature of inheritance tax or estate duty. There are no other<br />
taxes likely to be material to us levied by the government of the Cayman Islands except for stamp duties which<br />
may be applicable on instruments executed in, or after execution brought within the jurisdiction of, the<br />
Cayman Islands. The Cayman Islands is not party to any double tax treaties. There are no exchange control<br />
regulations or currency restrictions in the Cayman Islands.<br />
United States Federal Income Taxation<br />
The following is a summary of material United States federal tax consequences under present law of an<br />
investment in our ordinary shares or ADSs. This summary applies only to investors that hold our ordinary<br />
shares or ADSs as capital assets and that have the U.S. dollar as their functional currency.<br />
The following discussion does not deal with the tax consequences to any particular investor or to persons<br />
in special tax situations such as:<br />
‚ banks;<br />
‚ financial institutions;<br />
‚ insurance companies;<br />
‚ broker dealers;<br />
‚ traders in securities that elect to mark-to-market;<br />
‚ tax-exempt entities;<br />
‚ persons liable for alternative minimum tax;<br />
‚ persons holding an ordinary share or ADS as part of a straddle, constructive sale, hedging, conversion<br />
or integrated transaction;<br />
‚ holders that actually or constructively own 10% or more of our voting stock; or<br />
‚ holders holding ordinary shares or ADSs through partnerships or other pass-through entities.<br />
Prospective purchasers are urged to consult their tax advisors about the United States federal, state and<br />
local tax consequences to them of the purchase, ownership and disposition of our ordinary shares or ADSs.<br />
The discussion below of the United States federal income tax consequences to ""U.S. Holders'' will apply<br />
if you are the beneficial owner of ordinary shares or ADSs and you are for United States federal income tax<br />
purposes:<br />
‚ an individual citizen or resident of the United States;<br />
‚ a corporation (or other entity treated as a corporation for United States federal income tax purposes)<br />
organized in or under the laws of the United States, any state thereof or the District of <strong>Co</strong>lumbia;<br />
‚ an estate whose income is subject to United States federal income taxation regardless of its source;<br />
‚ a trust that is subject to the primary supervision of a court within the United States and the control of<br />
one or more United States persons; or<br />
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