For details on the tax consequences of TEL’s continuation as a Swiss corporation, please refer to the TEL’s 2009 Special General Meeting Proxy Statement/Prospectus. Further, TEL recommends that shareholders consult their own tax advisors regarding the applicable tax consequences of owning TEL shares and receiving distributions from TEL.
Based on the closing prices at which the common shares of Tyco International, TE Connectivity Ltd., and Covidien traded on July 2, 2007, $53.36, $39.97, and $43.41, respectively, as reported for the New York Stock Exchange transactions, 39.02% of your pre-distribution tax basis should be allocated to your common shares of Tyco International (including any fractional share interest); 29.23% should be allocated to your common shares of TE Connectivity Ltd. (including any fractional share interest); and 31.75% should be allocated to your common shares of Covidien (including any fractional share interest).
The attached worksheet will help you calculate your new tax basis in your common shares of TE Connectivity Ltd.. A hypothetical example is provided, together with space to fill in your actual numbers. In order to use the worksheet, you will need to know the tax basis of your common shares of Tyco International before the distribution. If you purchased Tyco International common shares on more than one occasion, you will need to perform this computation separately for each purchase.
Shareholder Statement to be Filed with U.S. Tax Return
Certain shareholders of Tyco International (i.e. shareholders who, immediately before the distribution, owned 5% or more of the common shares of Tyco International) who received common shares of TE Connectivity Ltd. and Covidien in the distribution are also required to attach an information statement related to the distribution to their U.S. federal income tax returns for the year in which the distribution occurs pursuant to Treasury Regulation § 1.355-5T(b).
Consult Your Tax Advisor
The information in this document represents our understanding of the U.S. federal income tax laws and regulations and does not constitute tax advice. It does not purport to be complete or to describe the consequences that may apply to particular categories of shareholders. Each shareholder is urged to consult his, her, or its tax advisor as to the specific tax consequences of the distribution to such shareholder, including the effect of any state, local, or non-U.S. tax laws, and of changes in applicable tax laws.
To comply with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained herein (including any attachments), unless specifically stated otherwise, is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Code or (ii) promoting, marketing, or recommending to another party any transaction or matter herein.
For the information of U.S. shareholders, the U.S. federal income tax treatment of any distribution by TE Connectivity Ltd. as a “dividend” depends on the application of U.S. federal income tax law. Although a determination cannot be made in advance, it is anticipated that distributions made by TE Connectivity Ltd. will constitute “dividends” for U.S. federal income tax purposes (notwithstanding their treatment as ordinary dividends or as reductions in registered share capital for Swiss purposes), and that they will be reported as such to the company's shareholders and to the IRS, in accordance with, and as required by, U.S. federal income tax laws.
TE Connectivity Ltd. is a “qualified foreign corporation” for U.S. federal income tax purposes. Therefore, its dividends generally are eligible for “qualified dividend” treatment. Whether dividends paid by TE Connectivity Ltd. in fact will constitute “qualified dividends” to any shareholder will depend on that shareholder’s specific circumstances, including the shareholder’s holding period for the TE Connectivity Ltd. shares on which such dividends are received. (Qualified dividends are subject to the same 5% or 15% maximum tax rate that applies to net capital gain. In order to qualify for the capital gains rates, a shareholder must own the shares on which such dividends are received for more than 60 days during the 120-day period beginning 60 days before the ex-dividend date.) U.S. shareholders are advised to consult their own tax advisors concerning the treatment of dividends paid by TE Connectivity Ltd. as “qualified dividends” in their particular circumstances.
To comply with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained herein, unless specifically stated otherwise, is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code of 1986, as amended, or (ii) promoting, marketing, or recommending to another party any transaction or matter herein.