Foreign Account Tax Compliance Act of 2009

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

See

• FATCA Amendment
• Withholding Tax

Text of Section FATCA Amendment, ISDA Master Agreement

1992 ISDA
Template:ISDA Master Agreement 1992 FATCA Amendment
(view template)
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”).

(view template)