Any distributions paid out to holders of Fig Game Shares constitute dividends for U.S. federal income tax purposes to the extent paid from our current or accumulated earnings and profits, as determined under U.S. federal income tax principles. To the extent those distributions exceed both our current and our accumulated earnings and profits, they will constitute a return of capital and will first reduce your basis in the Fig Game Shares, but not below zero. Please consult your own legal, tax and financial advisors for advice on your particular tax situation.
Dividends to be paid to non-US investors will be subject to a US withholding tax of 30%, although a reduced withholding rate, or an exemption from withholding, may apply if specified in an applicable tax treaty between the investor’s home country and the US. Investors can fill out a Form W-8 (available on the website of the US Internal Revenue Service) to claim reductions or exemptions based on their country's relevant tax treaties with the US. Different types of Form W-8 apply to different types of investors -- natural persons, businesses, etc.
You may be eligible to offset income with your investment basis when your Fig Game Shares are cancelled, which is expected to occurs if and when the amount of revenue being received from the associated game falls below a defined floor. See the offering circular or private placement memorandum relating to your Fig Game Shares for more details. Our offering circulars discuss certain typical US tax issues relevant to tax for US and Non-US investors under the heading, “Certain U.S. Federal Income Tax Considerations.”