Client Alerts

New ISDA Protocol Clarifies FATCA Withholding Responsibilities

August 29, 2012

BY ANDREW M. SHORT & DAVID MAKSO

This Client Alert describes the recent Protocol published by the International Swaps and Derivatives Association, Inc. (“ISDA”) to specify which party will bear the cost of the withholding tax that will be imposed under FATCA on derivative transactions governed by ISDA Master Agreements.