MIC did not make distributions (dividends or return of capital) to shareholders during tax years 2009 and 2010. As a result, MIC will not distribute tax information to shareholders on Form 1099. Although it is a limited liability company, MIC is treated as a corporation for tax purposes, and does not provide tax reporting information on Schedule K-1.
All of MIC LLC's quarterly distributions to shareholders in 2007 were characterized as a return of capital for federal and state income tax purposes. A significant portion of the distributions made in 2008 were also characterized as a return of capital. A distribution that is characterized as a return of capital is not currently taxable, but does reduce your cost basis in your shares. As a result of the basis adjustment, you may have a larger capital gain or smaller capital loss relative to your purchase price when you sell your shares.
The table below shows how much of each distribution in tax year 2007 and 2008 was characterized as a return of capital, and how much was characterized as a dividend for federal and state income tax purposes. The amounts shown are per share.
| Record / payable dates | Return of capital | Taxable dividend |
|---|---|---|
| April 4 / 9, 2007 | $0.57 | $0.00 |
| June 4 / 7, 2007 | $0.59 | $0.00 |
| September 6 / 11, 2007 | $0.605 | $0.00 |
| December 5 / 10, 2007 | $0.62 | $0.00 |
| March 5 / 10, 2008 | $0.62 | $0.015 |
| June 4 / 10, 2008 | $0.63 | $0.015 |
| September 4 / 11, 2008 | $0.63 | $0.015 |
| December 3 / 10, 2008 | $0.195 | $0.005 |
As of January 1, 2007, MIC made an election to be treated as a corporation for income tax purposes. Prior to that date MIC had been treated as a partnership for tax purposes. If you acquired shares in MIC prior to January 1, 2007 your basis in the shares you held on that date can be determined using the rules for determining basis in a partnership.
Your basis in shares purchased prior to January 1, 2007 is further reduced by any return of capital distributions you may have received after that date. The portion of distributions made after January 1, 2007 and characterized as a return of capital is set forth in the table above. If you held shares acquired prior to January 1, 2007 on any of the record dates noted, reduce your basis by the amount in the column headed "Return of Capital".
Your basis in any shares acquired on or after January 1, 2007 will be the cost of those shares (assuming you purchased the shares and did not acquire them as a gift or inheritance), reduced by any return of capital distributions you received. The portion of the distributions that was characterized as return of capital is set forth in the table above. If you held shares acquired after January 1, 2007 on any of the record dates noted, reduce your basis in those shares by the amount in the column headed "Return of Capital".
In June, 2007 Macquarie Infrastructure Company LLC made an election to be treated as a corporation for tax purposes effective January 1, 2007. As such, MIC does not report tax information on Schedule K-1. Shareholders should receive tax information from their broker on Internal Revenue Service Form 1099. The Form 1099 should separate distributions into return of capital reported as "Nondividend Distributions" in Box 3, and "Qualified Dividends" in Box 1b (Box 1a and 1b should contain identical amounts since all of the portion of the distribution characterized as a dividend is also a qualified dividend). Shareholders are further advised to contact their broker or representative with any questions concerning tax information as MIC neither prepares nor distributes such information.
Please note that the discussion above provides tax information that is general in nature and does not address the specific tax position or reporting requirements of any particular investor. You are urged to consult a qualified adviser concerning the specific income tax consequences of your investment.