Template:Withholding under ISDA: Difference between revisions

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===Withholding under the ISDA===
===Withholding under the ISDA===


'''TL;DR''': The basic rationale is that if the tax arises as a result of the underlying instrument, there's no gross up. But if it is a function of the {{isdaprov|Payer}}’s status, then it is grossed up. Unless the {{isdaprov|Payee}} should have provided information to avoid it.
'''TL;DR''': The basic rationale is this:
*if the {{tag|tax}} arises as a result of the underlying instrument, there's no gross up.  
*if it is a function of the {{isdaprov|Payer}}’s status, then it is grossed up ''unless the {{isdaprov|Payee}} should have provided information to avoid it''.


The combination of the {{isdaprov|Payer Tax Representations}} and the {{isdaprov|Gross-Up}} clause of the {{isdama}} has the following effect:
The combination of the {{isdaprov|Payer Tax Representations}} and the {{isdaprov|Gross-Up}} clause of the {{isdama}} has the following effect:

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