82,853
edits
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
Line 1: | Line 1: | ||
{{isdaanat|2(d)(ii)}} | {{isdaanat|2(d)(ii)}} | ||
It is hard to peer into the fevered mind of an [[ISDA ninja]] who came up with this provision to work out just what it is meant to do, and why | It is hard to peer into the fevered mind of an [[ISDA ninja]] who came up with this provision to work out just what it is meant to do, and why. | ||
This seems a stretch — the usually fulsome prose of the {{isdama}} neglects in this case to say anything about Payee Tax Representations, right or wrong, much less the | The best guess we’ve seen comes from our old friend, the tiresome [[FT book about derivatives]], whose learned author contends that it addresses the time where a {{isdaprov|Payer}} makes a payment gross, relying in [[good faith]] on a {{isdaprov|Payee Tax Representation}} that the {{isdaprov|Payee}} is entitled to receive gross, only to then find that the {{isdaprov|Tax}}ing authority in question requires the {{isdaprov|Payer}} to make that payment net, and account to it for the {{isdaprov|Tax}}, after all. In this case the {{isdaprov|Payer}} can require the {{isdaprov|Payee}} to [[indemnify]] it for the payment, interest and penalties. | ||
This seems a stretch — the usually fulsome<ref>Did I say fulsome? Tiresome.</ref> prose of the {{isdama}} neglects in this case to say anything about {{isdaprov|Payee Tax Representations}}, right or wrong, much less the {{isdaprov|Payer}}’s legitimate reliance on them. It seems to say if the [[Payer]], whether through blameless inadvertence or stupidity, neglects to account for a tax it was obliged to account for, the poor old Payee has to cover. | |||
But on the other hand, it is hard to think of a better explanation. So, go [[FT book about derivatives|Paul C. Harding]]!!! |