Payee Tax Representation - ISDA Provision: Difference between revisions

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:'''Additional Amendments related to Tax'''. The parties agree that solely as between Party A and Party B, the definitions and provisions contained in the [[ISDA 2010 Short Form HIRE Act Protocol]] published by the [[International Swaps and Derivatives Association]], Inc. on November 30, 2010, including the Attachment thereto ("Short Form Protocol"), will be deemed to be incorporated herein, mutatis mutandis, as though such definitions and provisions were set out in full herein, with any such conforming changes as are necessary to deal with what would otherwise be inappropriate or incorrect cross references. The parties further agree that the Implementation Date (as such term is defined in the Short Form Protocol) shall be the date of execution of this Agreement.|Hire Act Amendment|2002}}
:'''Additional Amendments related to Tax'''. The parties agree that solely as between Party A and Party B, the definitions and provisions contained in the [[ISDA 2010 Short Form HIRE Act Protocol]] published by the [[International Swaps and Derivatives Association]], Inc. on November 30, 2010, including the Attachment thereto ("Short Form Protocol"), will be deemed to be incorporated herein, mutatis mutandis, as though such definitions and provisions were set out in full herein, with any such conforming changes as are necessary to deal with what would otherwise be inappropriate or incorrect cross references. The parties further agree that the Implementation Date (as such term is defined in the Short Form Protocol) shall be the date of execution of this Agreement.|Hire Act Amendment|2002}}


{{isdaquote|'''[[FATCA]]''':<br>
{{isdasnap|FATCA Amendment}}
The following is added at the end of Section {{isdaprov|2(d)}} as new section {{isdaprov|2(d)(iv)}}:
====Commentary====
:{{isdaprov|Foreign Account Tax Compliance Act}}. (a) For purposes of any {{isdaprov|Payer Tax Representation}}, the words “any tax from any payment” shall not include 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"); and (b) the definition of “Indemnifiable Tax” shall not include any [[FATCA]] Withholding Tax.|FATCA Amendment|2002}}
 
====See Also====
 
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