statutes, the regulations thereunder, income tax treaties, and judicial and administrative interpretations thereof. These authorities are subject to change or modification retroactively and prospectively and any such changes could affect the validity or correctness of our Opinion.
This advice is not binding on the Internal Revenue Service (the “Service”), any other tax authority, or any court, and no assurance can be given that a position contrary to that expressed herein will not be asserted by a tax authority and ultimately sustained by a court.
This advice is based on the completeness and accuracy of any one or more of the facts, assumptions, and client representations on which we relied, relating to the matter to which this advice is addressed. More specifically, the opinions contained in this letter are based on the facts you have provided to us, the assumptions you have instructed us to make, if any, and the representations you have made to us as set forth below in your separate signed representation letter dated [X], 2024. In rendering our opinion, we have also relied upon, with your permission, the private letter ruling issued by the Service to Cummins, and your original request for rulings together with the supplemental submissions and correspondence submitted to the Service. If any of these facts, assumptions, or representations is not entirely complete or accurate, it is imperative that we be informed immediately in writing, as the incompleteness or inaccuracy could cause us to change our opinions.
For purposes of our Opinion, we have considered (i) the facts, representations, and assumptions to be, and continue to be, true, correct, and complete as of the date of our Opinion and (ii) any such representations that are qualified by language such as “to the best of the knowledge” or similar language to be, and will continue to be, true, correct, and complete without regard to any such qualification or similar qualification.
Unless separately agreed in writing, we will not update our advice for subsequent changes or modifications to the law, regulations, or to the judicial and administrative interpretations thereof, nor to take into account your correcting, updating, or providing new or additional facts or information you supplied or any assumptions on which we relied in preparing our advice.
The advice or other information in this letter was prepared for the sole benefit of Cummins and may not be relied upon by any other person or organization. KPMG accepts no responsibility or liability in respect of this letter to any person or organization other than Cummins. KPMG consents to the use of our name in the Registration Statement and to the filing of this opinion with the SEC as an exhibit to the Registration Statement. In giving this consent, we do not hereby admit that we are within the category of persons whose consent is required
