EFTA01744509

From: Richard Joslin To: Jeffrey E. <[email protected]>, Brad Wechsler Subject: Form 8865 Sent: Friday, September 23, 2016 8:49:44 PM 108 is a category 2 filer. This is the reason why we file 8865's — no one is a category 1 filer. It was mentioned on call today all founders are category 2 filers Category 2 filer. A Category 2 filer is a U.S. person who at any time during the tax year of the foreign partnership owned a 10% or greater interest in the partnership while the partnership was controlled by U.S. persons each owning at least a 10% interest. However, if the foreign partnership had a Category 1 filer at any time during that tax year, no person will be considered a Category 2 filer. See the definition of a 10% interest, later. Category 1 filer. A Category 1 filer is a U.S. person who controlled the foreign partnership at any time during the partnership's tax year. Control of a partnership is ownership of more than a 50% interest in the partnership. See the definition of 50% interest, later. There may be more than one Category 1 filer for a partnership for a particular partnership tax year EFTA_R1_00036804 EFTA01744509