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Template:Withholding under ISDA: Difference between revisions
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Template:Withholding under ISDA (view source)
Revision as of 11:56, 19 September 2019
, 19 September 2019no edit summary
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'''TL;DR''': The basic rationale is this: | '''TL;DR''': The basic rationale is this: | ||
*if the {{tag|tax}} relates to the underlying instrument, rather than the {{isdaprov|Payer}} | *if the {{tag|tax}} relates to the underlying instrument, rather than the {{isdaprov|Payer}}’s residence or tax status, the {{isdaprov|Payer}} does not have to [[gross up]]. | ||
*if the {{tag|tax}} relates to the {{isdaprov|Payer}} | *if the {{tag|tax}} relates to the {{isdaprov|Payer}}’s residence or tax status, then the Payer does have to [[gross up]] ''unless the {{isdaprov|Payee}} should have provided information to the {{isdaprov|Payer}} which would have entitled the {{isdaprov|Payer}} to avoid the [[tax]]''. | ||
*if you’ve agreed the FATCA Amendment, the Payer doesn’t have to gross up any FATCA | *if you’ve agreed the {{isdaprov|FATCA Amendment}}, the {{isdaprov|Payer}} doesn’t have to gross up any {{isdaprov|FATCA Withholding Tax}}es. | ||
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: | ||