Template:M summ 2002 ISDA Payer Tax Representations

You’ll find the usual form of the Payer Tax Representations in Part 2(a) of the Schedule. They aren’t usually amended.

Section 3(e) is the operational part of the ISDA that triggers this representation, which ISDA’s crack drafting squad™ included in the preprint template Schedule rather than in the preprinted ISDA Master Agreement proper, perhaps nervous that the negotiation community might want to futz around with it.

Well, in nearly thirty years, they haven’t: ones intentions about tax when one makes a payment, rather than when one receives it, is a topic that even a seasoned negotiator — one accustomed to finding controversy where others would not, after all — will struggle to get animated about.

Thus this handsome slug of text, unmolested, sits in nigh-on every ISDA Master Agreement, just one of those things that passes unremarked in the world of financial derivatives.