Template:Nutshell 2002 ISDA Payer Tax Representations: Difference between revisions
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Amwelladmin (talk | contribs) Created page with "'''{{isdaprov|Payer Tax Representations}}'''. Under Section {{isdaprov|3(e)}} each party makes the following representation:<br> It is not required by any applicable la..." |
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It is not required by any [[applicable law]], or governmental practice in any {{isdaprov|Relevant Jurisdiction}} to deduct or withhold any {{isdaprov|Tax}} from any payment (other than [[interest]] under Section {{gmslaprov|9(h)}}) due by it to the other party. In making this [[representation]], it may rely on: <br> | It is not required by any [[applicable law]], or governmental practice in any {{isdaprov|Relevant Jurisdiction}} to deduct or withhold any {{isdaprov|Tax}} from any payment (other than [[interest]] under Section {{gmslaprov|9(h)}}) due by it to the other party. In making this [[representation]], it may rely on: <br> | ||
:(i) the accuracy of any | :(i) the accuracy of any {{isdaprov|Payee Tax Representation}} from the other party; | ||
:(ii) the | :(ii) the other party providing tax documents as required under Section {{isdaprov|4(a)}} and those documents being effective; and | ||
:(iii) | :(iii) the other party telling it if its {{isdaprov|Payee Tax Representations}} are not accurate, as is required under Section {{isdaprov|4(d)}}; | ||
It will not be a breach of this [[representation]] to rely on clause (ii) above where the other party does not deliver a Section {{isdaprov|4(a)(iii)}} document by reason of material prejudice to its legal or commercial position. <br> | It will not be a breach of this [[representation]] to rely on clause (ii) above where the other party does not deliver a Section {{isdaprov|4(a)(iii)}} document by reason of material prejudice to its legal or commercial position. <br> | ||
Revision as of 15:51, 26 July 2019
Payer Tax Representations. Under Section 3(e) each party makes the following representation:
It is not required by any applicable law, or governmental practice in any Relevant Jurisdiction to deduct or withhold any Tax from any payment (other than interest under Section 9(h)) due by it to the other party. In making this representation, it may rely on:
- (i) the accuracy of any Payee Tax Representation from the other party;
- (ii) the other party providing tax documents as required under Section 4(a) and those documents being effective; and
- (iii) the other party telling it if its Payee Tax Representations are not accurate, as is required under Section 4(d);
It will not be a breach of this representation to rely on clause (ii) above where the other party does not deliver a Section 4(a)(iii) document by reason of material prejudice to its legal or commercial position.