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| {{isdaanat|Tax}} | | {{manual|MI|2002|Tax|Section|Tax|medium}} |
| ''NB - the {{1992ma}} and {{2002ma}} versions are '''identical'''
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| Tax and Stamp tax are meant to be mutually exclusive. Here’s what the ISDA Users’ guide has to say about it, in a footnote on page 58.
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| :''“{{isdaprov|Tax}}” is defined in Section {{isdaprov|14}} as any tax, charge or other similar listed items, except a stamp, registration, documentation or similar tax (''i.e.'', a “{{isdaprov|Stamp Tax}}” as defined in Section {{isdaprov|14}} of the 2002 Agreement).''
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| ===Ok, so why leave out {{isdaprov|Stamp Tax}}?===
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| If you compare this definition with the equivalent definition of {{gmslaprov|Tax}} in the {{gmsla}} you might find yourself idly wondering about this strange little exception, missing from the GMSLA, for {{isdaprov|Stamp Tax}}. I know I did. Interestingly (or not, depending on your perspective) the drafters of the {{2002ma}} neglected to make use of the opportunity to use the definition of “{{isdaprov|Stamp Tax}}” in place of the less elegant “''stamp, registration, documentation or similar tax''”. But this might be the reason for the [[carve-out]]: {{isdaprov|Stamp Tax}} has its own little representation in Section {{isdaprov|4(e)}}.
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| “{{isdaprov|Tax}}” features in the {{isdama}} as follows:
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| *'''Section {{isdaprov|4(a)}}''': To furnish specified information, including as regards (at {{isdaprov|4(a)(iii)}}) any forms required to pay {{isdaprov|Tax}} without withholding, leading on to...
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| *'''Section {{isdaprov|2(d)}}''': All payments are made without withholding or deduction unless required by law, and (where withholding IS required by law and the {{isdaprov|Tax}} is an {{isdaprov|Indemnifiable Tax}}) a {{tag|gross-up}} is required.
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| *'''Section {{isdaprov|4(e)}}''': Each party pays its own {{isdaprov|Stamp Tax}} on execution of the {{isdaprov|Agreement}} (and [[Indemnity|indemnifies]] the other party if its taxing jurisdiction imposes about a stampable amount on the other party)
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