Foreign Account Tax Compliance Act of 2009

The Foreign Account Tax Compliance Act is a piece of US tax legislation having overwhelming global effect.

Text of Section FATCA Amendment, ISDA Master Agreement

2002 ISDA
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”).

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Commentary

• FATCA Amendment
• Withholding Tax
• HIRE Act