Talk:Deduction or Withholding for Tax - ISDA Provision: Difference between revisions

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1992
1992


2(d) Deduction or Withholding for Tax.
2(d)(i) Gross-Up. All payments under this Agreement will be made without any deduction or withholding for or on account of any Tax unless such deduction or withholding is required by any applicable law, as modified by the practice of any relevant governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“X”) will:—
 
    2(d)(i) Gross-Up. All payments under this Agreement will be made without any deduction or withholding for or on account of any Tax unless such deduction or withholding is required by any applicable law, as modified by the practice of any relevant governmental revenue authority, then in effect. If a party is so required to deduct or withhold, then that party (“X”) will:—


         (1) promptly notify the other party (“Y”) of such requirement;
         (1) promptly notify the other party (“Y”) of such requirement;
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                 (II) a Change in Tax Law.
                 (II) a Change in Tax Law.


    2(d)(ii) Liability. If:―
2(d)(ii) Liability. If:―


         (1) X is required by any applicable law, as modified by the practice of any relevant governmental revenue authority, to make any deduction or withholding in respect of which X would not be required to pay an additional amount to Y under Section 2(d)(i)(4);
         (1) X is required by any applicable law, as modified by the practice of any relevant governmental revenue authority, to make any deduction or withholding in respect of which X would not be required to pay an additional amount to Y under Section 2(d)(i)(4);

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