Withholding Tax Clause In Loan Agreement

For credit agreements (also called facility contracts), whether bilateral or syndicated, it is customary on the market: the prohibition of retention is general and applies to any form of retention. For example, this would prevent the borrower from deducting an amount owed by the borrower`s lender to the borrower. The exception to the prohibition is that a legally required deduction can be deducted from a payment. Since withholding tax on interest is generally the only type of withholding tax required by law for loan payments, the only withholding tax allowed in connection with a loan is likely to be withholding tax, with the prohibition applying to any other type of withholding tax that is not required by law. Similarly, the borrower`s gross increase prohibits a borrower from deducting (or withholding) an amount from a payment, unless that deduction must be withheld by law, and if the law requires that tax be withheld from a payment (for example. B, withholding tax on interest), require a borrower (subject to limited exceptions) to pay an additional amount, which, after deduction of tax, the lender receives the same amount to which he would have been entitled if no tax had to be deducted from the payment – this is called gross tax on Community decision requirements. as amended by the Legal Aid, Sentencing and Punishment of Offenders Act, 2012 (LASPO 2012) and the Offender Rehabilitation Act, 2014 (ORA 2014). Criminal Justice Act 2003, section 152(2) of this practice note deals with the different categories of contractual damages that may be available for financial losses (pecuniary losses), i.e. damages based on expectations, damages based on trust and damages based on profit. You can find information on contractual damages in general under Practical note: Contractual. .

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