Template:ISDA Master Agreement 2002 FATCA Amendment: Difference between revisions

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'''[[FATCA]]''':<br>
'''{{isdaprov|FATCA Withholding Tax}}''':<br>
The following is added at the end of Section {{isdaprov|2(d)}} as new section {{isdaprov|2(d)(iv)}}:
The following is added at the end of Section {{isdaprov|2(d)}} as new section {{isdaprov|2(d)(iv)}}:
:{{isdaprov|Foreign Account Tax Compliance Act}}. (a) For purposes of any {{isdaprov|Payer Tax Representation}}, the words “any tax from any payment” shall not include any tax imposed under Sections 1471 and 1472 of the [[Internal Revenue Code]] of 1986, as amended, (or the United States Treasury Regulations or other guidance issued thereunder) ("FATCA Withholding Tax"); and (b) the definition of “Indemnifiable Tax” shall not include any [[FATCA]] Withholding Tax. <br>
:{{isdaprov|2(d)(iv)}} '''{{isdaprov|Foreign Account Tax Compliance Act}}'''. The words “any tax from any payment” in any {{isdaprov|Payer Tax Representation}} and the definition of “{{isdaprov|Indemnifiable Tax}}” each excludes any tax imposed under Sections 1471 and 1472 of the [[Internal Revenue Code]] of 1986, as amended, (or the United States Treasury Regulations or other guidance issued thereunder) (“'''{{isdaprov|FATCA Withholding Tax}}'''”).

Latest revision as of 09:33, 13 June 2018

FATCA Withholding Tax:
The following is added at the end of Section 2(d) as new section 2(d)(iv):

2(d)(iv) Foreign Account Tax Compliance Act. The words “any tax from any payment” in any Payer Tax Representation and the definition of “Indemnifiable Tax” each excludes any tax imposed under Sections 1471 and 1472 of the Internal Revenue Code of 1986, as amended, (or the United States Treasury Regulations or other guidance issued thereunder) (“FATCA Withholding Tax”).