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:{{isdaprov|2(d)(ii)}} '''Liability'''. If: | :{{isdaprov|2(d)(ii)}} '''Liability'''. If the payer :— | ||
::(1) | ::(1) is required by law to withhold a ''non''-{{isdaprov|Indemnifiable Tax}}; | ||
::(2) | ::(2) nonetheless does not do so; and | ||
::(3) | ::(3) suffers by direct assessment a liability for that {{isdaprov|Tax}}, | ||
:then, unless | :then, unless the recipient has satisfied the {{isdaprov|Tax}} liability directly, it must reimburse the payer for that liability (plus interest, but not penalties unless it failed to provide tax information required under Section {{isdaprov|4(a)}}, or breached any {{isdaprov|Payee Tax Representations}}. <br> |