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Revisiting the boilerplate withholding tax clause via 1962 (and beyond)

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As practitioners, we use boilerplate clauses every day. Sometimes it is useful to be reminded why they exist and why it’s important to check that they are included in the contract. The Rossano case from 1962 reminds us of the importance of the clause: ‘payments shall be made free of withholding tax except as required by law’ and why its absence may give rise to an effective gross up.

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